Andy Campbell & Others on behalf of Birriliburu/Western Australia/Dynasty Metals Australia Ltd
[2009] NNTTA 44
•8 May 2009
NATIONAL NATIVE TITLE TRIBUNAL
Andy Campbell & Others on behalf of Birriliburu/Western Australia/Dynasty Metals Australia Ltd, [2009] NNTTA 44 (8 May 2009)
Application Nos: WO07/1498, WO07/1499, WO07/1500, WO07/1503
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
On 26 September 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences E69/2294, E69/2295, E69/2297 and E69/2300 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.
Proposed licence E69/2294 is located 230 kilometres north-east of Wiluna in the Shire of Wiluna and is overlapped 10.91 per cent by the registered native title claim of Birriliburu People (WC98/68 – registered from 29 September 1998) and overlapped 89.09 per cent by the registered native title claim of the Wiluna People (WC99/24 – registered from 24 September 1999). Proposed licence E69/2295 is located 251 kilometres north-east of Wiluna in the Shire of Wiluna and is overlapped 16.76 per cent by the registered native title claim of Birriliburu People and overlapped 83.24 per cent by the registered native title claim of the Wiluna People. Proposed licence E69/2297 is located 225 kilometres north-east of Wiluna in the Shire of Wiluna and is overlapped 24.79 per cent by the registered native title claim of Birriliburu People and overlapped 75.21 per cent by the registered native title claim of the Wiluna People. Proposed licence E69/2300 is located 240 kilometres north-east of Wiluna in the Shire of Wiluna and is overlapped 21.63 per cent by the registered native title claim of Birriliburu People and overlapped 78.38 per cent by the registered native title claim of the Wiluna People.
On 19 December 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 E69/2294 (WO07/1498), E69/2295 (WO07/1499), E69/2297 (WO07/1500) and E69/2300 (WO07/1503).
On 19 December 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 E69/2294 (WO07/1509), E69/2295 (WO07/1510), E69/2297 (WO07/1512) and E69/2300 (WO07/1513). The Wiluna Native Title Claimants objections were withdrawn on 12 August 2008 as an agreement between parties had been reached.
On 30 April 2009, the Government party advised the Tribunal that exploration licences E69/2294, E69/2295, E69/2297 and E69/2300 were granted on 29 April 2009 with the exclusion of all land able to be claimed within Native Title Claim WC98/68.
Relevant Facts
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.
The Tribunal has decided 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
Expedited procedure objection applications WO07/1498, WO07/1499, WO07/1500, and WO07/1503 are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
8 May 2009
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