Daisy Lungunun and Others on behalf of the Nyikina & Mangala Native Title Claimants/Western Australia/Iluka Resources Ltd

[2005] NNTTA 58

NATIONAL NATIVE TITLE TRIBUNAL

Daisy Lungunun and Others on behalf of the Nyikina & Mangala Native Title Claimants/Western Australia/Iluka Resources Ltd, [2005] NNTTA 58 (15 August 2005)

Application No:        WO05/241

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

- and -

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

Daisy Lungunun and Others on behalf of the Nyikina & Mangala Native Title Claimants (WC99/25) (native title party)

- and -

The State of Western Australia (Government party)

- and -

Iluka Resources Ltd, Iluka Resources Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner, Deputy President
Place:             Perth
Date:              1511 August 2005

Catchwords:  Native title – future act – proposed grant of exploration licence - (exp) – expedited procedure objection application – area excised from grant – native title not affected – Government party grantedapplication for exploration licence – Tribunal has no jurisdiction- (exp) withdrawn – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 9 February 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant explorationExploration licence E04/1480 to Iluka Resources Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 12 May 2005, Daisy Lungunun and Others on behalf of the  Nyikina & Mangala Native Title Claimants (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. The Department of Industry and Resources on behalf of the Government party has advised the Tribunal on 11 August 2005, that the exploration licence - (exp) application made by Iluka Resources Ltd was granted on 8 August 2005 with the exclusion of all land subject to Native Title Claim WC99/25.  They also advised that the remainder of the land granted as exploration licence EExploration Licence 04/1480 is not subject to any other Native Title Claim.

4. 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. There is no longer any proposal from the Government party to do a future act and accordingly the objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

The Hon C J Sumner
Deputy President
1511 August 2005