Ike Simpson and Others on behalf of Wajarri Yamatji/Western Australia/FMG Resources Pty Ltd
[2011] NNTTA 189
•24 October 2011
NATIONAL NATIVE TITLE TRIBUNAL
Ike Simpson and Others on behalf of Wajarri Yamatji/Western Australia/FMG Resources Pty Ltd, [2011] NNTTA 189 (24 October 2011)
Application No: WO11/758
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of an inquiry into an expedited procedure objection application
Ike Simpson and Others on behalf of Wajarri Yamatji (WC04/10) (native title party)
-and-
The State of Western Australia (Government party)
-and-
FMG Resources Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal:Hon C J Sumner, Deputy President
Place:Perth
Date of dismissal: 17 October 2011
Date of reasons: 24 October 2011
Catchwords: Native title – future act – proposed grant of exploration licence – expedited procedure objection application – Government party granted exploration licence in error – Tribunal has no jurisdiction – objection application dismissed.
Legislation:Native Title Act1993 (Cth) ss 29, 148(a)
Cases:Richard Evans on behalf of the Koara People/Western Australia/Johnson’s Well Mining NL, NNTT WO99/428, [2000] NNTTA 330 (6 October 2000), Hon C J Sumner
Representative of the
native title party: Alissa Lovering, Yamatji Land and Sea Council
Representative of the
Government party: Mr Clyde Lannan, Department of Mines and Petroleum
Representative of the
grantee party: Denice Johns, Fortescue Metals Group Ltd
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On 9 March 2010, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licence E70/3546 (the proposed licence) to FMG Resources Pty Ltd (the grantee party) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 7 July 2011, Ike Simpson and others on behalf of Wajarri Yamatji – Native Title Claim No. WC04/10, registered from 5 December 2005 (the native title party) made an expedited procedure objection application to the Tribunal.
Relevant facts
In accordance with its procedures the Tribunal issued the Department of Mines and Petroleum (DMP) with a report dated 9 August 2011 listing the tenement applications associated with objection applications for the closing date of 11 July 2011 (otherwise referred to as a Form 4B). The report included a reference to the proposed licence along with details of the objection application. On 12 October 2011, DMP advised the Tribunal on behalf of the Government party that the proposed licence had been granted on 26 August 2011. The grant occurred because a tenure officer at DMP misinterpreted the Form 4B and was under the mistaken belief that no objection application had been lodged in respect of the proposed licence. On 12 October 2011, the Tribunal informed the representative for the native title party that the tenement had been granted in error and advised that the Tribunal could be expected to dismiss the objection application as it no longer had jurisdiction to deal with it. On 17 October 2011, I decided to dismiss the objection application.
Conclusion
The Tribunal has previously held that where a mining tenement has been granted as a result of an administrative error before an objection application has been properly dealt with, the Tribunal has no jurisdiction to conduct an inquiry and make a determination (Richard Evans on behalf of the Koara People/Western Australia/Johnson’s Well Mining NL, NNTT WO99/428, [2000] NNTTA 330 (6 October 2000), Hon C J Sumner). In my view, that decision (and the reasoning to which it refers) is equally applicable to the facts of this matter. While the circumstances are regrettable, I am satisfied that the Tribunal is not entitled to deal with the objection application.
Decision
Expedited procedure objection application WO11/758 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
24 October 2011
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