Cyril Barnes & Ors on behalf of Central East Goldfields People/Western Australia /Aphrodite Gold Limited

[2014] NNTTA 16

NATIONAL NATIVE TITLE TRIBUNAL

Cyril Barnes & Ors on behalf of Central East Goldfields People/Western Australia /Aphrodite Gold Limited [2014] NNTTA 16 (18 February 2014)

Application No:              WO2013/1316

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 Goldfields People  (native title party)

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The State of Western Australia   (Government party)

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Aphrodite Gold Limited   (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Member Helen Shurven
Place:  Perth
Date:  18 February 2014

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 (‘Daniel v Western Australia’);

Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, [1997] NNTTA 167 (‘Garlett v Western Australia’)

Representative of the  

native title party:            Mr Andrew Burke, Goldfields Land and Sea Council

Representative of the     

Government party:         Ms Bethany Conway, Department of Mines and Petroleum

Representative of the     

grantee party:                 Ms Jenny Johnson, Tenement Administration Services Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 14 August 2013 the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E24/186 to Aphrodite Gold Limited and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 13 December 2013, Cyril Barnes & Ors on behalf of Central East Goldfields People (WC1999/030) registered from 4 October 1999, made an expedited procedure objection application to the Tribunal.

3. On 14 February 2014, the Government party advised the Tribunal that exploration licence E24/186 was granted on 13 February 2014 with the exclusion of all land able to be claimed within claim area WC1999/030.

4. The Tribunal has decided that it does not have jurisdiction to conduct an inquiry once a grant has been made (Daniel v Western Australia).  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 (Garlett v Western Australia).

Decision

1. Expedited procedure objection application WO2013/1316 in relation to E24/186 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
MEMBER