Ike Simpson & Ors on behalf of Wajarri Yamatji/Western Australia/Crosslands Resources Ltd
[2013] NNTTA 15
•11 February 2013
NATIONAL NATIVE TITLE TRIBUNAL
Ike Simpson & Ors on behalf of Wajarri Yamatji/Western Australia/Crosslands Resources Ltd
[2013] NNTTA 15 (11 February 2013)
Applications No: WO2012/1247; WO2012/1248; WO2012/1249; WO2012/1250; WO2012/1251; WO2012/1252
IN THE MATTER of the Native Title Act 1993 (Cth)
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IN THE MATTER of an inquiry into expedited procedure objection applications
Ike Simpson & Others on behalf of Wajarri Yamatji (native title party)
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The State of Western Australia (Government party)
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Crosslands Resources Pty Ltd (grantee party)
DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS
Tribunal: Member Daniel O’Dea
Place: Perth
Date: 11 February 2013
Catchwords: Native title – future act – proposed grant of miscellaneous licenses – expedited procedure objection applications – s 29 notice terminated – Tribunal has no jurisdiction – objection applications dismissed.
Legislation:Native Title Act 1993 (Cth), s 29, 148(a)
REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS
On 25 July 2012, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of its intention to grant miscellaneous licences 09/34, 09/35, 09/36, 09/39, 51/90 and 52/147 (‘the proposed licences’) to Crosslands Resources Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On 26 November 2012, 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 expedited procedure objection applications to the Tribunal in relation to the statement in the s 29 notice about the proposed licences (WO2012/1247, WO2012/1248, WO2012/1249, WO2012/1250, WO2012/1251 and WO2012/1252).
On 11 February 2013, the Department of Mines and Petroleum (‘the Department’) on behalf of the Government party advised the Tribunal that the applications for the proposed licences are sought for the sole purpose of a ‘search for groundwater’, a purpose which the Department had until recently considered to be a future act to which Subdivision P of the Act applies. After considering the Tribunal’s determination in FMG Pilbara Pty Ltd/NC (deceased) and Others on behalf of the Yindjibarndi People/Western Australia, [2012] NNTTA 103 (3 October 2012) and legal advice, the Department now considers the grant of the proposed licences to be a future act for which s 24HA of the Act is the most appropriate provision.
Consequently, the Department also advised the Tribunal that the notice given under s 29 of the Act on 25 July 2012 was ‘terminated’, and the Department applied pursuant to s 148(a) of the Act to have objections WO2012/1247, WO2012/1248, WO2012/1249, WO2012/1250, WO2012/1251 and WO2012/1252 dismissed.
The Tribunal considers that, in light of the Government party’s advice that the s 29 notice was terminated, there is no longer a proposed future act against which an objection to the assertion of the expedited procedure statement can be validly made. Consequently, the Tribunal is satisfied that it is not entitled to deal with the expedited procedure objection applications.
Decision
The expedited procedure objection applications WO2012/1247, WO2012/1248, WO2012/1249, WO2012/1250, WO2012/1251 and WO2012/1252 are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).
Daniel O’Dea
Member
11 February 2013
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