Barbara Corbett – Stammner on behalf of South West Boojarah/Western Australia/Yardarino Mining Ltd

[2003] NNTTA 17

NATIONAL NATIVE TITLE TRIBUNAL

Barbara Corbett – Stammner on behalf of South West Boojarah/Western Australia/Yardarino Mining Ltd, [2003] NNTTA 17 (12 February 2003)

Application:   WO02/497

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

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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Yardarino Mining  Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                The Hon C J Sumner

Place:  Perth
Date:  12 February 2003

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

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 12 June 2002, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of a future act namely the grant of exploration licence E70/2363 to Yardarino Mining Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 11 October 2002, Barbara Corbett – Stammner on behalf of South West Boojarah (WC98/63) (‘the native title party’) made an expedited procedure objection application to the Tribunal (claim WC98/63).

3. On 28 January 2003, the Government party advised the Tribunal that exploration licence E70/2363 was granted on 28 January 2003 with the exclusion of all land within Native Title Claim WC98/63.

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, 11 August 2000 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, 27 October 1997 Hon CJ Sumner).

Decision

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

The Hon C J Sumner

Deputy President

12 February 2003