Billy Atkins and Others on behalf of the Gingirana Native Title Claimants/Western Australia/Grange Resources Ltd

[2008] NNTTA 105

NATIONAL NATIVE TITLE TRIBUNAL

Billy Atkins and Others on behalf of the Gingirana Native Title Claimants/Western Australia/Grange Resources Ltd, [2008] NNTTA 105 (4 August 2008)

Application No:                 WO07/257           

IN THE MATTER of the Native Title Act1993 (Cth)

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

Billy Atkins and Others on behalf of the Gingirana Native Title Claimants – WC06/2 (native title party)

- and -

The State of Western Australia (Government party)

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Grange Resources Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  4 August 2008

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection application – withdrawal of expedited procedure statement – Tribunal has no jurisdiction – objection application dismissed

Legislation:Native Title Act 1993 (Cth) ss 29, 32(7), 148(a)

Representative of the

native title party:              Ms Michelle Alexander, Central Desert Native Title Service

Representative of the

Government party:           Mr Greg Abbott, Department of Industry and Resources

Representative of the

grantee party:  Mr Alf Valentine, Austwide Mining Title Management Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Relevant Facts

1. On 6 December 2006, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of its intention to grant exploration licence E52/1998 to Grange Resources Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 5 April 2007, Billy Atkins and Others on behalf of the Gingirana Native Title Claimants - Native Title Claim No WC06/2, registered from 13 April 2006 (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. On 23 July 2008, the Government party advised the Tribunal that it has withdrawn the expedited procedure statement included in the s 29 notification of 6 December 2006 in relation to the proposed licence (s 32(7) - Native Title Act).

Conclusion

1. The Tribunal has no jurisdiction to conduct the inquiry as the Government party no longer considers the act to be one that attracts the expedited procedure.

Decision

1. The expedited procedure objection application WO07/257 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon CJ Sumner
Deputy President
4 August 2008