Angus Abdullah & Ors on behalf of Njamal (WC99/8)/Western Australia/Garry Ernest Mullan

[2001] NNTTA 32

NATIONAL NATIVE TITLE TRIBUNAL

Angus Abdullah & Ors on behalf of Njamal (WC99/8)/Western Australia/Garry Ernest Mullan, [2001] NNTTA 32 (4 May 2001)

Application No:        WO01/27

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

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IN THE MATTER of an inquiry into an expedited procedure objection application

Angus Abdullah & Ors on behalf of Njamal (WC99/8) (native title party)

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The State of Western Australia (Government party)

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Garry Ernest Mullan (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon C J Sumner
Place:             Perth
Date:              4 May 2001

Catchwords: Native title – future act – objection to inclusion in an expedited procedure application – proposed grant of mineral tenement application – Tribunal has no jurisdiction – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

On 15 November 2000, the Government party gave notice of its intention to grant exploration licence 45/2207 to Garry Ernest Mullan (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 31 January 2001, Angus Abdullah & Others on behalf of Njamal (‘the native title party’) made an expedited procedure objection application to the Tribunal. The native title party had status to make this objection application as they were a registered native title claimant in respect of native title determination application at the time the Section 29 Notice was given.

Relevant Facts

The Tribunal received an objection to the expedited procedure being applied to E45/2207 on 31 January 2001.  The Department of Minerals and Energy granted the tenement in error on 6 April 2001.

The Tribunal has decided that in these circumstances, the Tribunal no longer has jurisdiction to consider the matter and must therefore dismiss the objection. (Brownley/State of Western Australia/Heron Resources NL, NNTT WO97/564 & Ors, Hon CJ Sumner, 29 April 1999)

Decision

The expedited procedure objection application is dismissed pursuant to section 148(a) of the Native Title Act 1993 (as amended).

Hon C J Sumner

Deputy President

4 May 2001