Elaine Bullen & Ors on behalf of Esperance Nyungars/Western Australia/Tectonic Resources Nl

[2011] NNTTA 133

NATIONAL NATIVE TITLE TRIBUNAL

Elaine Bullen & Ors on behalf of Esperance Nyungars/Western Australia/Tectonic Resources NL, [2011] NNTTA 133 (11 July 2011)

Application No:              WO11/596

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

Elaine Bullen & Ors on behalf of Esperance Nyungars (WC96/64) (native title party)

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The State of Western Australia (Government party)

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Tectonic Resources NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  11 July 2011

Catchwords:  Native title – future act – proposed grant of exploration license – expedited procedure objection application – excision of tenement from native title claim – tenement granted – Tribunal has no jurisdiction – objection application dismissed

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

Cases: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

Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner

Representative of the     

native title party:            Mr Dante Mavec, Goldfields Land and Sea Council

Representative of the     

Government party:         Mr Clyde Lannan, Department of Mines and Petroleum

Representative of the     

grantee party:                 Mr Eamon Cornelius, Western Tenement Services

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 26 January 2011, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E74/485 to Tectonic Resources NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 23 May 2011, Elaine Bullen & Ors on behalf of Esperance Nyungars (WC96/64 – registered from 16 July 1999) made an expedited procedure objection application to the Tribunal.

3. On 4 July 2011, the Government party advised the Tribunal that exploration licence E74/485 was granted on that day with the exclusion of all land able to be claimed within Native Title Claim WC96/64.

Relevant facts

1. 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. Expedited procedure objection application WO11/596 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
11 July 2011