Banjo Wurrunmurra & Others on behalf of the Bunuba Native Title Claimants /Western Australia/ Australian Diamond Resources Pty Ltd

[2006] NNTTA 150

NATIONAL NATIVE TITLE TRIBUNAL

Banjo Wurrunmurra & Others on behalf of the Bunuba Native Title Claimants /Western Australia/ Australian Diamond Resources Pty Ltd, [2006] NNTTA 150 (8 November 2006)

Application No:        WO06/9

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

- and -

IN THE MATTER of an inquiry into expedited procedure objection application

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

- and -

The State of Western Australia (Government party)

- and -

Australian Diamond Resources Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                  Daniel O’Dea, Member
Place:  Perth
Date:  8 November 2006

Catchwords:     Native title — future act — proposed grant of exploration licence — expedited procedure objection application — applications for exploration licence withdrawn — objection application dismissed.

Legislation: Native Title Act 1993 (Cth), ss 29, 148

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 21 September 2005 the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E04/1467 (‘the proposed licence’) to Australian Diamond Resources Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 16 January 2006 Banjo Wurrunmurra & Others on behalf of the Bunuba native title claimants (WC99/19) made an expedited procedure objection application to the Tribunal.

3. On 12 October 2006 the Department of Industry and Resources on behalf of the Government party advised the Tribunal that application for the proposed licence had been discontinued.

4. On 2 November 2006 the Hon C J Sumner, Deputy President, purported to dismiss objection application WO06/9 as part of the bulk dismissal process used by the Tribunal in cases where tenement applications have been withdrawn and there is no longer a proposed future act, thereby depriving the Tribunal of jurisdiction to conduct the Inquiry.  However, on 15 August 2006 I was appointed to conduct the Inquiry and the inclusion of objection WO06/9 on the bulk dismissal handed down by Deputy President Sumner was as the result of an administrative error.  Accordingly that decision is invalid and is replaced by this decision.

Decision

1. Objection application WO06/9 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Daniel O’Dea
Member

8 November 2006