Andy Campbell & Others on behalf of Birriliburu/Western Australia/Dynasty Metals Australia Ltd

[2009] NNTTA 45

NATIONAL NATIVE TITLE TRIBUNAL

Andy Campbell & Others on behalf of Birriliburu/Western Australia/Dynasty Metals Australia Ltd, [2009] NNTTA 45 (8 May 2009)

Application Nos:               WO07/678, WO07/679, WO07/680, WO07/681

IN THE MATTER of the Native Title Act 1993 (Cth)

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IN THE MATTER of an inquiry into expedited procedure objection applications

Andy Campbell & Others on behalf of Birriliburu (WC98/68) (native title party)

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The State of Western Australia (Government party)

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Dynasty Metals Australia Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  8 May 2009

Catchwords:  Native title – future acts – proposed grant of exploration licences – expedited procedure objection applications – excision of tenements from native title claim – tenements granted – Tribunal has no jurisdiction – objection applications dismissed

Legislation:Native Title Act 1993 (Cth) s 148(a)

Cases:David Daniel & Ors/Western Australia/Raymond J T Butler and Stanley A MacDonald, NNTT WO99/197, [2000] NNTTA 294 (11 August 2000), Hon C J Sumner

Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner

Representative of the        

native title party:              Ms Michelle Alexander, Central Desert Native Title Services

Representatives of the      

Government party:           Mr Greg Abbott, Department of Mines and Petroleum

Representatives of the      

grantee party:  Ms Denice Johns, Hetherington Exploration & Mining Title Services Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 28 March 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences E69/2266, E69/2267, E69/2269 and E69/2270 to Dynasty Metals Australia Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. Proposed licence E69/2266 is located 239 kilometres north-east of Wiluna in the Shire of Wiluna and is overlapped 14.08 per cent by the registered native title claim of Birriliburu People (WC98/68 – registered from 29 September 1998) and overlapped 85.92 per cent by the registered native title claim of the Wiluna People (WC99/24 – registered from 24 September 1999).  Proposed licence E69/2267 is located 210 kilometres north-east of Wiluna in the Shire of Wiluna and is overlapped 19.21 per cent by the registered native title claim of Birriliburu People and overlapped 80.79 per cent by the registered native title claim of the Wiluna People. Proposed licence E69/2269 is located 190 kilometres north-east of Wiluna in the Shire of Wiluna and is overlapped 45.45 per cent by the registered native title claim of Birriliburu People and overlapped 54.55 per cent by the registered native title claim of the Wiluna People. Proposed licence E69/2270 is located 231 kilometres north-east of Wiluna in the Shire of Wiluna and is overlapped 48.43 per cent by the registered native title claim of Birriliburu People and overlapped 51.57 per cent by the registered native title claim of the Wiluna People.

3. On 27 July 2007, Andy Campbell & Others on behalf of the Birriliburu Native Title Claimants (‘the native title party’) made expedited procedure objection applications to the Tribunal in relation to E69/2266 (WO07/678), E69/2267 (WO07/679), E69/2269 (WO07/680) and E69/2270 (WO07/681).

4. On 27 July 2007, Wilma Freddie and Others on behalf of the Wiluna Native Title Claimants also made expedited procedure applications to the Tribunal in relation to the proposed licences E69/2266 (WO07/683), E69/2267 (WO07/684), E69/2269 (WO07/686) and E69/2270 (WO07/687).  The Wiluna Native Title Claimants objections were withdrawn on 12 August 2008 as an agreement between parties had been reached.

Relevant Facts

1. On 30 April 2009, the Government party advised the Tribunal that exploration licences E69/2266, E69/2267, E69/2269 and E69/2270 were granted on 29 April 2009 with the exclusion of all land able to be claimed within Native Title Claim WC98/68.

2. As a result of the excision the future act no longer affects the native title of the Birriliburu People (WC09/68) who are no longer a native title party in these proceedings.

3. The Tribunal that it does not have jurisdiction to conduct an inquiry once a grant has been made (David Daniel & Ors/Western Australia/Raymond J T Butler and Stanley A MacDonald, NNTT WO99/197, [2000] NNTTA 294 (11 August 2000), Hon C J Sumner).

Decision

1. Expedited procedure objection applications WO07/678, WO07/679, WO07/680, and WO07/681 are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
8 May 2009