Cyril Barnes & Others on behalf of Central East Claim Group/Western Australia/Fission Energy Ltd

[2012] NNTTA 128

NATIONAL NATIVE TITLE TRIBUNAL

Cyril Barnes & Others on behalf of Central East Claim Group/Western Australia/Fission Energy Ltd, [2012] NNTTA 128 (5 December 2012)

Application No:         WO11/1319

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

-and-

IN THE MATTER of an inquiry into an expedited procedure objection application

Cyril Barnes & Others on behalf of Central East Claim Group 
  (native title party)
-and-

The State of Western Australia   (Government party)

-and-

Fission Energy Ltd   (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:  Graeme Neate
Place:  Brisbane
Date:  5 December 2012

Catchwords:   Native title – future act – proposed grant of exploration licence - expedited procedure objection application – no jurisdiction – expedited procedure objection application dismissed.

Legislation:Native Title Act1993 (Cth), s 148(a)

Representatives

Native title party:              Mr Dante Mavec, Goldfields Land & Sea Council

Government party:            Mr Domhnall McCloskey, State Solicitor’s Office

Mr Clyde Lannan, Department of Mines and Petroleum

Grantee party:                   Mr Eamon Cornelius, Fission Energy Ltd

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Background

1. On 27 July 2011, the State of Western Australia (‘the Government party’) gave notice under s 29 of the Native Title Act1993 (Cth) (‘the Act’) of its intention to grant exploration licence E28/1744 (‘the proposed tenement’) to Fission Energy Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 24 November 2011, Cyril Barnes & Ors on behalf of the Central East Claim Group (WC99/30 – registered from 4 October 1999) (‘the native title party’) lodged an expedited procedure objection application with the Tribunal in relation to the proposed tenement (W011/1319).

Relevant facts

1. On 10 October 2012, the Government party advised by correspondence to the Tribunal that all areas of E28/1744 outside Queen Victoria Spring Nature Reserve would be excised from the tenement pursuant to an application by the grantee party.

2. On 16 October 2012, the Government party granted E28/1744 to the grantee party.

3. Due to an administrative error, Member O’Dea was not informed of the Government party’s excision of all areas of E28/1744 outside Queen Victoria Spring Nature Reserve. On 5 November 2012, Member O’Dea made a determination that the expedited procedure applied to the proposed tenement.

4. As native title had been wholly extinguished in the Queen Victoria Spring Nature Reserve and the remaining area had been excised, there was no relevant future act within the meaning of s 233 of the Act from 16 October 2012, and therefore the Tribunal’s determination of 5 November 2012 was made without jurisdiction.

Decision

1. Expedited procedure objection application WO11/1319 is dismissed pursuant to s 148(a) of the Act.

Graeme Neate
President