Billy Atkins & Ors on behalf of Gingirana/Western Australia/Audax Resources Ltd

Case •

[2010] NNTTA 92

•

1 July 2010

NATIONAL NATIVE TITLE TRIBUNAL

Billy Atkins & Ors on behalf of Gingirana/Western Australia/Audax Resources Ltd, [2010] NNTTA 92 (1 July 2010)

Application No:              WO10/604

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 & Ors on behalf of Gingirana (WC06/2) (native title party)

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The State of Western Australia (Government party)

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Audax Resources Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  1 July 2010

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection application – excision of tenement from native title claim – tenement granted – Tribunal has no jurisdiction – objection application dismissed

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

Cases:David Daniel & Ors/Western Australia/Raymond J T Butler and Stanley A MacDonald, NNTT WO99/197, [2000] NNTTA 294 (11 August 2000), Hon C J Sumner

Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner

Representative of the     

native title party:            Ms Anna Liscia, Liscia & Tavelli Legal Consultants

Representatives of the    Mr Greg Abbott, Department of Mines and Petroleum

Government party:         Ms Claire Malavaux, Department of Mines and Petroleum

Representative of the     

grantee party:                 Mr Glen Edwards, Audax Resources Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

  1. On 13 January 2010, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E52/2394 to Audax Resources Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  2. On 7 May 2010, Billy Atkins & Ors on behalf of Gingirana (WC06/2 – registered from 13 April 2006) made an expedited procedure application to the Tribunal.

  3. On 28 June 2010, the Government party advised the Tribunal that exploration licence E52/2394 was granted on 16 June 2010 with the exclusion of all land able to be claimed within Native Title Claim WC06/2.

Relevant facts

  1. 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, [2000] NNTTA 294 (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, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner).

Decision

  1. Expedited procedure objection application WO10/604 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
1 July 2010

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