Evelyn Gilla and Others on behalf of Yugunga-Nya/Western Australia/Peter Andrew Wiltshire

[2009] NNTTA 13

NATIONAL NATIVE TITLE TRIBUNAL

Evelyn Gilla and Others on behalf of Yugunga-Nya/Western Australia/Peter Andrew Wiltshire, [2009] NNTTA 13 (12 February 2009)

Application No:              WO08/1160

IN THE MATTER of the Native Title Act1993 (Cth)

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IN THE MATTER of an inquiry into expedited procedure objection application

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

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The State of Western Australia (Government party)

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Peter Andrew Wiltshire (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  12 February 2009

Catchwords:  Native title – future act – proposed grant of exploration licence - expedited procedure objection application – s 29 notice discontinued – Tribunal has no jurisdiction - objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 29, s 148(a)

Representative of the

native title party:            Ms Hayley Meehan, Yamatji Land and Sea Council

Representative of the

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

Representative of the

grantee party:                 Ms Simone Muller, Pulinger, Readhead, Lucas Lawyers

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 10 September 2008, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of its intention to grant prospecting license P20/2066 to Peter Andrew Wiltshire (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 17 December 2008, Evelyn Gilla and Others on behalf of the Yugunga-Nya Native Title Claimants – Native Title Claim No WC99/46 registered from 12 June 2000 (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. On 6 February 2009, the Tribunal received notification from the Department of Mines and Petroleum on behalf of the Government party advising that the application is discontinued due to a defect in the s 29 notification process. The Government party advised the Tribunal that it intends to re-issue the notification for prospecting license P20/2066 pursuant to s 29 of the Act.

4. The Tribunal considers that the Government party’s advice constitutes a withdrawal of the s 29 notice and as such there is no longer a proposed future act against which an objection to the assertion of the expedited procedure statement can be validly made. The Tribunal no longer has jurisdiction to hear and determine the objection.

Decision

1. The expedited procedure objection application WO08/1160 is dismissed pursuant to s 148(a) of the Act.

Hon C J Sumner
Deputy President
12 February 2009