Glenn Councillor & Others on behalf of Hutt River/Western Australia/Derek Lyle & William Travis

Case •

[2007] NNTTA 53

•

18 June 2007

NATIONAL NATIVE TITLE TRIBUNAL

Glenn Councillor & Others on behalf of Hutt River/Western Australia/Derek Lyle & William Travis, [2007] NNTTA 53 (18 June 2007)

Application No:        WO07/74

IN THE MATTER of the Native Title Act 1993 (Cth)

- and -

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

Glenn Councillor & Others on behalf of Hutt River (WC00/1) (native title party)

- and -

The State of Western Australia (Government party)

- and -

Derek Lyle and William Travis (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                  Hon C J Sumner, Deputy President
Place:  Perth
Date:  18 June 2007

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) 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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

  1. On 11 October 2006, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E70/2929 to Derek Lyle and William Travis (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  2. On 5 February 2007, Glenn Councillor & Others on behalf of Hutt River (WC00/1 – registered from 7 July 2007) (‘the native title party’) made an expedited procedure objection application to the Tribunal.

  3. On 1 June 2007, the Government party advised the Tribunal that exploration licence E70/2929 was granted on 7 May 2007 with the exclusion of all land able to be claimed within Native Title Claim WC00/1.

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

Hon C J Sumner
Deputy President
18 June 2007

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0