Dorothy & Thelma Tucker representing the Narnoobinya Family Group/Western Australia/ Mincor Resources NL

[2005] NNTTA 50

NATIONAL NATIVE TITLE TRIBUNAL

Dorothy & Thelma Tucker representing the Narnoobinya Family Group/Western Australia/ Mincor Resources NL, [2005] NNTTA 50 (18 July 2005)

Application No:        WO04/94

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

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

Dorothy & Thelma Tucker representing the Narnoobinya Family Group – (WC97/40) (Native Title Party)

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The State of Western Australia (Government Party)

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Mincor Resources NL (Grantee Party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner, Deputy President
Place:             Perth
Date:              18 July 2005

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection application – area excised from grant – native title not affected – Government party granted exploration licence – Tribunal has no jurisdiction – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 19 May 2004, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E63/762 to Mincor Resources NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 18 June 2004, Dorothy & Thelma Tucker representing the Narnoobinya Family Group (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. The Government party advised the Tribunal that exploration licence E63/762 was granted on 21 December 2004 with the exclusion of all land able to be claimed within Native Title Claim WC97/40.

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. The expedited procedure objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

The Hon C J Sumner
Deputy President
18 July 2005