Cyril Hayes & Others on behalf of Budina/Western Australia/GTI Resources Ltd

[2009] NNTTA 76

NATIONAL NATIVE TITLE TRIBUNAL

Cyril Hayes & Others on behalf of Budina/Western Australia/GTI Resources Ltd, [2009] NNTTA 76 (22 July 2009)

Application No:                 WO09/87

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

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

Cyril Hayes & Others on behalf of Budina (WC04/5) (native title party)

- and -

The State of Western Australia (Government party)

- and -

GTI Resources Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  22 July 2009

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

Representative of the        

native title party:              Ms Alissa Lovering, Yamatji Land and Sea Council

Representatives of the      Mr Greg Abbott, Department of Mines and Petroleum

Government party:           Ms Claire Malavaux, Department of Mines and Petroleum

Representative of the        

grantee party:  Mr Shannon McMahon, McMahon Mining Title Services Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 5 November 2008, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E08/1792 (‘the proposed licence’) to GTI Resources Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. Proposed licence E08/1792 is located 145 kilometres south of Onslow in the Shire of Ashburton and is overlapped 24.40 per cent by the registered native title claim of the Budina People (WC04/5 – registered from 22 August 2005) and overlapped 75.60 per cent by the Buurabalayjji Thalanyji Aboriginal Corporation (WC99/45 (WD08/4) – determined by the Federal Court to hold native title on 18 September 2008).  

3. On 27 January 2009, The Buurubalayji Thalanyji Aboriginal Corporation made an expedited procedure application to the Tribunal in relation to the proposed licence (WO09/77).  This objection was withdrawn on 21 April 2009 as an agreement between parties had been reached.

4. On 3 March 2009, Cyril Hayes and Others on behalf of the Budina People (‘the native title party’) also made an expedited procedure objection application to the Tribunal in relation to the proposed licence (WO09/87).

5. On 16 July 2009, the Government party advised the Tribunal that exploration licence E08/1792 was granted on 16 July 2009 with the exclusion of all land able to be claimed within Native Title Claim WC04/5.

Relevant facts

1. As a result of the excision, the future act no longer affects the native title of the Budina People (WC04/5) who are no longer a native title party in these proceedings.

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, [2000] NNTTA 294 (11 August 2000), Hon C J Sumner).

Decision

1. Expedited procedure objection application WO09/87 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
22 July 2009