Barbara Stammner-Corbett on behalf of South West Boojarah/Western Australia/Metal Sands Ltd

Case •

[2006] NNTTA 119

•

15 August 2006

NATIONAL NATIVE TITLE TRIBUNAL

Barbara Stammner-Corbett on behalf of South West Boojarah/Western Australia/Metal Sands Ltd, [2006] NNTTA 119 (15 August 2006)

Application No:         WO03/594

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

-and-

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

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

-and-

The State of Western Australia (Government party)

-and-

Metal Sands Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  15 August 2006

Catchwords:       Native title – future act – proposed grant of exploration licence – expedited procedure objection application – objector failed the registration test – no native title party with procedural rights – Tribunal has no jurisdiction – objection application dismissed.

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

Cases:Jack John Leonard Hill on behalf of South West Boojarah/Western Australia/South Coast Metals Pty Ltd, NNTT WO03/930, [2006] NNTTA 118 (14 August 2006), Hon C J Sumner

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

  1. On 26 March 2003, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence 70/2560 to Metal Sands Ltd and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  2. On 24 July 2003, Barbara Stammner-Corbett on behalf of South West Boojarah made an expedited procedure objection application to the Tribunal.

  3. On 20 April 2006, the South West Boojarah native title determination application WC98/63 failed the registration test and was removed from the Register of Native Title Claims.

  4. In making this decision, I adopt the Tribunal’s findings in Jack John Leonard Hill on behalf of South West Boojarah/Western Australia/South Coast Metals Pty Ltd, NNTT WO03/390, [2006] NNTTA 118 (14 August 2006), Hon C J Sumner at para [5].

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
15 August 2006

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