Frederick Taylor & Ors on behalf of Amangu/Western Australia/Image Resources NL

[2014] NNTTA 105

NATIONAL NATIVE TITLE TRIBUNAL

Frederick Taylor & Ors on behalf of Amangu/Western Australia/Image Resources NL
[2014] NNTTA 105 (5 November 2014)

Application No:               WO2014/0695

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

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

Frederick Taylor & Ors on behalf of Amangu (WC2004/002)                    (native title party)

- and -

The State of Western Australia   (Government party)

- and -

Image Resources NL  (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Member Helen Shurven
Place:  Perth
Date:  5 November 2014

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), (‘Daniel v Butler and MacDonald’)

Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997), (‘Garlett v Sipa Exploration’)

Representative of the  

native title party:             Mr Michael Raj, Yamatji Marlpa Aboriginal Corporation

Representatives of the    

Government party:         Ms Bethany Conway, Department of Mines and Petroleum

Representative of the      

grantee party:                 Ms Lydia Brisbout, McMahon Mining Title Services Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 23 April 2014 the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E70/4572 to Image Resources NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 2 August 2014, Frederick Taylor & Ors on behalf of Amangu (WC2004/002) registered from 3 March 2005 (‘the native title party’) lodged an objection against the application of the expedited procedure to the proposed license with the National Native Title Tribunal (‘the Tribunal’) – this application was accepted by the Tribunal as a valid objection.  

3. On 5 November 2014 the Government party advised the Tribunal that exploration licence E70/4572 was granted on 5 November 2014 with the exclusion of all land able to be claimed within the area WC2004/002.

Relevant facts

1. The Tribunal has decided that it does not have jurisdiction to conduct an inquiry once a grant has been made (see Daniel v Butler and MacDonald). Further, in this case the grant was not a future act as native title was not affected (see Garlett v Sipa Exploration).

Decision

1. Expedited procedure objection application WO2014/0695 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member
5 November 2014