David Stock & Others on Behalf of the Nyiyaparli People (WC99/4)/Western Australia/Moorak Exploration Pty Ltd
[2000] NNTTA 363
•5 December 2000
| NATIONAL NATIVE TITLE TRIBUNAL |
David Stock & Others on behalf of the Nyiyaparli People (WC99/4)/Western Australia/Moorak Exploration Pty Ltd, [2000] NNTTA 363 (5 December 2000)
| Application No: WO00/131 |
| IN THE MATTER of the Native Title Act 1993 (Cth) |
| - and - |
| IN THE MATTER of an inquiry into an expedited procedure objection application |
| David Stock & Others on behalf of the Nyiyaparli People (WC99/4) (native title party) |
| - and - |
| The State of Western Australia (Government party) |
| - and - |
| Moorak Exploration Pty Ltd (grantee party) |
| DECISION TO DISMISS OBJECTION APPLICATION |
Tribunal: The Hon C. J. Sumner
Place: Perth
Date: 5 December 2000
Catchwords: Native title – future act –proposed grant of prospecting licence – expedited procedure objection application – Government party satisfied that there is no future act because native title is extinguished – Government party makes the grant – Tribunal has no jurisdiction – objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s 148(a)
Cases:David Daniel & Ors (Ngarluma and Yindjibarndi people)/Western Australia/Raymond Butler and Stanley McDonald, NNTT WO99/197, Hon CJ Sumner, 11 August 2000
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On 15 December 1999, the Government party gave notice of its intention to grant prospecting licence 52/972 to Moorak Exploration Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure. On 13 March 2000 David Stock & Others on behalf of the Nyiyaparli People (WC99/4) (‘the native title party’) made an expedited procedure objection application to the Tribunal.
On 8 November 2000, the Crown Solicitor’s Office advised the Tribunal and other parties that the Government party intended to grant the tenement on the basis that, consistent with the findings of the Full Federal Court in Western Australia v Ward [2000] FCA 191; (2000) 170 ALR 159, native title had been extinguished. The grant was made on 30 November 2000.
The question of whether the Tribunal has jurisdiction to conduct an inquiry where the Government party has granted a mining tenement in these circumstances was determined in David Daniel & Ors (Ngarluma and Yindjibarndi people)/Western Australia/Raymond Butler and Stanley MacDonald, NNTT WO99/197, Hon CJ Sumner, 11 August 2000. In that matter I decided that the Tribunal has no jurisdiction to conduct a right to negotiate inquiry after the Government party has granted the tenement and that an application should be dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth) if the tenement is granted.
Decision
The Government party has granted prospecting licence 52/972 and accordingly the objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth) (as amended).
Hon C. J. Sumner
Deputy President
5 December 2000
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