Fabian Tucker & Ors on behalf of Kurrku/Western Australia/White Cliff Nickel Ltd

Case •

[2011] NNTTA 201

•

22 November 2011

NATIONAL NATIVE TITLE TRIBUNAL

Fabian Tucker & Ors on behalf of Kurrku/Western Australia/White Cliff Nickel Ltd, [2011] NNTTA 201 (22 November 2011)

Application No:              WO11/784

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

Fabian Tucker & Ors on behalf of Kurrku (WC10/18) (native title party)

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The State of Western Australia (Government party)

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White Cliff Nickel Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  22 November 2011

Catchwords:  Native title – future act – proposed grant of exploration licence – 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) ss 29, 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 Kevin Connell, Austwide Mining Title Management Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

  1. On 23 March 2011 the Government party gave notice under s 29 of the Native Title Act 1993 (Cwth) of its intention to grant exploration licence E38/2484 to White Cliff Nickel Ltd (the grantee party) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  2. On 20 July 2011, Fabian Tucker & Ors on behalf of Kurrku (WC10/18 – registered from 21 January 2011) made an expedited procedure objection application to the Tribunal.

  3. On 24 October 2011 the Government party advised the Tribunal that exploration license E38/2484 was granted on 23 August 2011 with the exclusion of all land able to be claimed within Native Title Claim WC10/18.

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 WO11/784 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
22 November 2011

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