Evelyn Gilla and Others on behalf of Yugunga-Nya (WC99/46)/Western Australia/WMC Resources Ltd

[2002] NNTTA 93

NATIONAL NATIVE TITLE TRIBUNAL

Evelyn Gilla and Others on behalf of Yugunga-Nya (WC99/46)/Western Australia/WMC Resources Ltd, [2002] NNTTA 93 (29 May 2002)

Application:   WO01/56

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

Evelyn Gilla and Others on behalf of Yugunga-Nya (WC99/46) (Native Title Party)

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The State of Western Australia (Government Party)

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WMC Resources Ltd (Grantee Party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                The Hon C J Sumner

Place:  Perth
Date:  29 May 2002

Catchwords:          Native title – future act – proposed grant of exploration licence –expedited procedure objection application – grant made with exclusion of area covered by claim – Tribunal has no jurisdiction – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 7 February 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of a future act namely the grant of exploration licence E69/1637 to WMC Resources Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 7 June 2001, Evelyn Gilla and Others on behalf of Yugunga-Nya (‘the native title party’) made an expedited procedure objection application to the Tribunal (claim WC99/46).

3. On 22 May 2002, the Government party advised the Tribunal that exploration licence E69/1637 was granted on 21 May 2002 with the exclusion of all land within Native Title Claim WC99/46.

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, 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, Hon CJ Sumner).

Decision

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

The Hon C J Sumner

Deputy President

29 May 2002