Daisy Lungunan & Ors on behalf of Nyikina & Mangala/Western Australia/Sanfire Resources Nl

Case •

[2010] NNTTA 48

•

14 April 2010

NATIONAL NATIVE TITLE TRIBUNAL

Daisy Lungunan & Ors on behalf of Nyikina & Mangala/Western Australia/Sanfire Resources NL, [2010] NNTTA 48 (14 April 2010)

Application No:              WO09/398

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

Daisy Lungunan & Ors on behalf of Nyikina & Mangala (WC99/25) (native title party)

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The State of Western Australia (Government party)

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Sandfire Resources NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  14 April 2010

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

Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner

Representative of the     

native title party:            Ms Ania Maszkowski, Kimberley Land 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 11 February 2009, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E04/1829 to Sandfire Resources NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  2. On 11 June 2009, Daisy Lungunan & Ors on behalf of Nyikina & Mangala (WC99/25 – registered from 28 September 1999) made an expedited procedure application to the Tribunal.

  3. On 12 April 2010, the Government party advised the Tribunal that exploration licence E04/1829 was granted on 23 March 2010 with the exclusion of all land able to be claimed within Native Title Claim WC99/25.

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, 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, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner).

Decision

  1. Expedited procedure objection application WO09/398 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
14 April 2010

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