Dorothy Tucker on behalf of the Narnoobinya Family Group/Western Australia/Sirius Resources NL

[2011] NNTTA 199

NATIONAL NATIVE TITLE TRIBUNAL

Dorothy Tucker on behalf of the Narnoobinya Family Group/Western Australia/Sirius Resources NL, [2011] NNTTA 199 (16 November 2011)

Application No:              WO11/583 and WO11/584

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

Dorothy Tucker on behalf of the Narnoobinya Family Group (WC97/40) (Applicant, native title party)

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The State of Western Australia (Government party)

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Sirius Resources NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Helen Shurven, Member
Place:  Perth
Date:  16 November 2011

Catchwords: Native title – future acts – proposed grant of prospecting licences – expedited procedure objection applications – native title claim application dismissed – person ceases to be a native title party – objection applications dismissed.

Legislation:  Native Title Act 1993 (Cth), ss 29, 30(2), 148(a)

Representative of the     

native title party:            Ms Dorothy English (Tucker), Narnoobinya Family Group

Representatives of the     Mr Domhnall McCloskey, State Solicitor’s Office

Government party:         Mr Dennis Jacobs, Department of Mines and Petroleum

Representative of the     

grantee party:                 Mr Eamon Cornelius, Western Tenement Services

REASONS FOR DETERMINATION

1. On 26 January 2011, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) (‘the Act’) of its intention to grant prospecting licences P63/1802 and P63/1803 (‘the proposed licences’) to Sirius Resources NL (‘the grantee party’) and included in the notice a statement that it considered the grants attracted the expedited procedure (‘expedited procedure notification’).

2. Proposed licence P63/1802 comprises an area of 137.31 hectares (1.37 square kilometres) located 95 kilometres east of Norseman in the Shire of Dundas. Proposed licence P63/1803 lies adjacent to P63/1802 and comprises an area of 171.06 hectares (1.71 square kilometres) located 97 kilometres east of Norseman in the Shire of Dundas. At the time the s 29 notice was given, the proposed licences were 100 per cent within the registered native title claims of the Narnoobinya Family Group (WC97/40 – registered from 4 June 1997) and the Ngadju People (WC99/2 – registered from 28 September 2000).

3. On 26 May 2011, Dorothy Tucker, on behalf of the Narnoobinya Family Group (WC97/40) (‘the native title party’), lodged expedited procedure objection applications with the Tribunal in respect of the proposed licences.  No objection applications were lodged by the Ngadju People.

4. In accordance with standard practice, the Tribunal gave directions to parties to provide contentions and documents for an inquiry to determine whether or not the expedited procedure is attracted. These directions allow a period after the s 29 closing date for the lodgement of objections, for parties to discuss the possibility of reaching an agreement which could lead to disposal of the objection by consent.

5. At the preliminary conference held on 28 June 2011, the grantee party advised that it wished to rely on the Regional Standard Heritage Agreement (‘RSHA’) it had executed with the Ngadju People in accordance with the Government party’s requirements for expedited procedure notification, and requested that the matter proceed to an inquiry in line with the directions made by the Tribunal.  The native title party was in agreement.  The grantee party indicated it would be likely to rely on the State’s submissions in relation to the inquiry.

6. The native title party lodged its contentions on 15 July 2011.  The Government party lodged its contentions and evidence on 2 September 2011, with supporting documentation from the Department of Mines and Petroleum (‘DMP’) being lodged on 19 August 2011.  At the listing hearing held on 13 October 2011, the native title party and the Government party agreed that that the objection applications could be determined ‘on the papers’ (i.e. without holding a hearing).  On 19 October 2011, the grantee party confirmed via email that it would rely on the contentions and evidence provided by the Government party.  

7. On 18 October 2011, I was appointed by the Hon C J Sumner, Deputy President, as the Member for the purpose of conducting the inquiry.

8. On 1 November 2011, the native title party’s claim application was dismissed via consent following an application (lodged by the Ngadju people on 3 June 2011) to strike out the native title party’s claim application.  The native title party’s claim application was subsequently removed from the Tribunal’s Register of Native Title Claims.

9. Pursuant to s 30(2) of the Act, a person ceases to be a native title party if the person ceases to be a registered native title claimant, the effect being that the Tribunal is no longer entitled to deal with any right to negotiate applications lodged by that person (as per s 148(a) of the Act).

10. On 8 November 2011, I proposed to dismiss the objection applications pursuant to s 148(a) of the Act and requested parties’ comments or submissions to that proposal by 15 November 2011. On the same day, the Government party and grantee party advised they had no objection to that proposal. There were no submissions or objections made from the native title party by 15 November 2011.

Decision

1. The objection applications WO11/583 and WO11/584 are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member
16 November 2011