Doug Nelson on behalf of Ballardong/Western Australia/Kevin Andrew Williams

[2003] NNTTA 58

NATIONAL NATIVE TITLE TRIBUNAL

Doug Nelson on behalf of Ballardong/Western Australia/Kevin Andrew Williams, [2003] NNTTA 58 (31 March 2003)

Application No:        WO02/453

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

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

Doug Nelson on behalf of Ballardong (WC97/56) (native title party)

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The State of Western Australia (Government party)

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Kevin Andrew Williams (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon C J Sumner, Deputy President
Place:             Perth
Date:              31 March 2003

Catchwords:  Native title – future act – proposed grant of prospecting licence – expedited procedure objection application – 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 1 May 2002, the Government party gave notice under s29 of the Native Title Act 1993 (Cth) of its intention to grant P77/3368, P77/3369, P77/3370 to Kevin Andrew Williams (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 30 August 2002, Doug Nelson on behalf of Ballardong (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. On 4 February 2003, the National Native Title Tribunal received correspondence from the Director of Mineral Titles Division of the Western Australian Department of Mineral and Petroleum Resources (as it then was) dated 31 January 2003 which stated, inter alia that:

   “On 1 May 2000 the State issued a notice under s 29 of the Native Title Act in respect of the above applications and the above objection was subsequently lodged.

   Examination reveals that the ground applied entirely within the Common Reserve No. 19590 which has been the subject of three leases issued pursuant to section 32 of the Land Act 1933 between January 1958 and April 1969.

   The State is of the view that native title has been completely extinguished over the area of the reserve. This view is relied upon in the Ward decision of the High Court and recent legal advice.

   Accordingly the State is not required to have regard to any future act process under the Native Title Act 1993 in respect of the above applications.

   Action to grant these applications will be taken after fourteen (14) days  from the date of this notification unless action is taken within this period to prevent the grant.”

This correspondence was circulated to the Crown Solicitors Office, and the South West Aboriginal Land and Sea Council.

Relevant Facts

1. On the 26 March 2003, the Tribunal received facsimile correspondence on the subject of “NTA Section 29 Objection WO02/453 – Application for prospecting licenses 77/3368, 77/3369 and 77/3370 by Kevin Andrew Williams” from Mr Clyde Lannan, Native Title Officer, Tenure and Native Title Branch, Department of Industry and Resources stating that “The above-mentioned mining tenement applications were all granted on 7 March 2003.”

Conclusion

1. On the granting of the above tenements by the State, the National Native Title Tribunal has no further jurisdiction over this objection.

Decision

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

Hon C J Sumner
Deputy President
31 March 2003