Charmaine Walley on behalf of Yued/Western Australia/Luzenac Australia Pty Ltd

[2003] NNTTA 114

NATIONAL NATIVE TITLE TRIBUNAL

Charmaine Walley on behalf of Yued/Western Australia/Luzenac Australia Pty Ltd, [2003] NNTTA 114 (16 November 2003)

Application No:        WO03/471

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

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IN THE MATTER of an inquiry into expedited procedure objection application

Charmaine Walley on behalf of Yued (WC97/71) (native title party)

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The State of Western Australia (Government party)

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Luzenac Australia Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner
Place:             Perth
Date:              16 November 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 February 2003, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E70/2524 to Luzenac Australia Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 12 June 2003, Charmaine Walley on behalf of Yued (‘the native title party’) made an expedited procedure objection application to the Tribunal.   The objection application, WO03/471, being related to the grant of E70/2524.

1. On 29 October 2003, the Government party advised the Tribunal that exploration licence E70/2524 was granted on 28 October 2003 with the exclusion of all land able to be claimed within Native Title Claim WC97/71. 

2. 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, 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, Hon CJ Sumner).

Decision

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

The Hon C J Sumner

Deputy President

16 November 2003