Cyril Barnes & Ors on behalf of Central East Claim Group/Western Australia/Royce William Allen

[2013] NNTTA 79

NATIONAL NATIVE TITLE TRIBUNAL

Cyril Barnes & Ors on behalf of Central East Claim Group/Western Australia/Royce William Allen [2013] NNTTA 79 (2 July 2013)

Application No:              WO2013/0550, WO2013/0551

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

Cyril Barnes & Ors on behalf of Central East Claim Group            (native title party)

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The State of Western Australia   (Government party)

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Royce William Allen               (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Member Daniel O’Dea
Place:  Perth
Date:  2 July 2013

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 ExplorationNL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner

Representative of the  Sonya Hills, Goldfield Land and Sea Council

native title party:            

Representative of the     

Government party:         Bethany Conway, Department of Mines and Petroleum

Representative of the     

grantee party:                 Mr Karl Wolzak, Resource Mapping Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 30 January 2013 the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant Prospecting licences P27/2151-S and P27/2152-S to Royce William Allen (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 28 May 2013, Cyril Barnes & Ors on behalf of Central East Claim Group (WC1999/030) registered from 4 October 1999, made an expedited procedure objection application to the Tribunal.

3. On 27 June 2013 the Government party advised the Tribunal that Prospecting licences P27/2151-S and P27/2152-S were granted on 24 June 2013 with the exclusion of all land able to be claimed within the Central East Claim Group native title claim area.

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, as all the land capable of claim has been excluded from the grant it is not a future act as native title would not be affected (Gregory and Kelvin Garlett/Western Australia/Sipa ExplorationNL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner).

Decision

1. Expedited procedure objection applications WO2013/0550 and WO2013/0551 are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Daniel O’Dea
Member