Barbara Corbett-Stammner on behalf of South West Boojarah/Western Australia/ Iluka Resources Ltd

[2003] NNTTA 79

NATIONAL NATIVE TITLE TRIBUNAL

Barbara Corbett-Stammner on behalf of South West Boojarah/Western Australia/ Iluka Resources Ltd, [2003] NNTTA 79 (9 July 2003)

Application Nos:      WO03/263 and WO03/264

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

Barbara Corbett-Stammner on behalf of South West Boojarah – (WC98/63) (native title party)

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The State of Western Australia (Government party)

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Iluka Resources Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:       The Hon C J Sumner
Place:             Perth
Date:              9 July 2003

Catchwords:             Native title – future act – proposed grant of exploration licences - expedited procedure objection applications – grant made with exclusion of area covered by claim - Tribunal has no jurisdiction – objection applications dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 13 November 2002, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences E70/2251 and E70/2503 to Iluka Resources Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 13 March 2003, Barbara Corbett-Stammner on behalf of South West Boojarah (‘the native title party’) made two expedited procedure objection applications to the Tribunal.   The first objection application, WO03/263, related to the grant of E70/2251 and the second objection application, WO03/264, related to the grant of E70/2503.

1. The Government party advised the Tribunal that exploration licences E70/2251 and E70/2503 were granted on 7 July 2003 with the exclusion of all land able to be claimed within Native Title Claim WC98/63.  The Government party advised that the excisions effectively resulted in only private land and road reserves being included within the granted area.

2. 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, Hon C J 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, Hon CJ Sumner).

Decision

1. The expedited procedure objection applications are dismissed pursuant to s 148(a) of the Native Title Act 1993 (as amended).

The Hon C J Sumner

Deputy President

9 July 2002