Banjo Wurrunmurra & Others on behalf of Bunuba Native Title Claimants/Western Australia/Ozwest Holdings Pty Ltd

[2006] NNTTA 95

NATIONAL NATIVE TITLE TRIBUNAL

Banjo Wurrunmurra & Others on behalf of Bunuba Native Title Claimants/Western Australia/Ozwest Holdings Pty Ltd, [2006] NNTTA 95 (26 July 2006)

Application No:        WO05/4

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

Banjo Wurrunmurra & Others on behalf of Bunuba Native Title Claimants (WC99/19) (native title party)

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The State of Western Australia (Government party)

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Ozwest Holdings Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon C J Sumner, Deputy President
Place:             Perth
Date:              26 July 2006

Catchwords:  Native title – future acts – proposed grant of exploration licences – expedited procedure objection application – Tribunal has no jurisdiction – objection application 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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 6 October 2004, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences E04/1428, E04/1429, E04/1433 (‘the proposed licences’) to Ozwest Holdings Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 17 January 2005, Banjo Wurrunmurra & Others on behalf of Bunuba Native Title Claimants (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. The Government party has now advised the Tribunal that the proposed licences were granted on 14 April 2005 with the exclusion of all land able to be claimed within Native Title Claim WC99/19.

4. 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 CJ Sumner). Further, in this case the grant was not a future act as native title was not affected (Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner).

Decision

1. The expedited procedure objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner

Deputy President

26 July 2006