Billy Atkins & Others on behalf of the Gingirana Native Title Claimants/Western Australia/ Dawn Metals Limited

[2008] NNTTA 155

NATIONAL NATIVE TITLE TRIBUNAL

Billy Atkins & Others on behalf of the Gingirana Native Title Claimants/Western Australia/ Dawn Metals Limited, [2008] NNTTA 155 (13 November 2008)

Application No:       WO07/1478

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

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The State of Western Australia (Government party)

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Dawn Metals Limited (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                  Hon C J Sumner, Deputy President
Place:  Perth
Date:  13 November 2008

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) s 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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 29 August 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E52/2127 to Dawn Metals Limited (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 19 December 2007, Billy Atkins & 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 10 November 2008, the Government party advised the Tribunal that exploration licence E52/2127 was granted on 6 November 2008 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. The expedited procedure objection application WO07/1478 is dismissed pursuant to s148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
13 November 2008