Ike Simpson & Ors on behalf of Wajarri Yamatji/Western Australia/Ishine International Resources Ltd

[2013] NNTTA 47

NATIONAL NATIVE TITLE TRIBUNAL

Ike Simpson & Ors on behalf of Wajarri Yamatji/Western Australia/Ishine International Resources Ltd [2013] NNTTA 47 (6 May 2013)

Application No:              WO2011/1190

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

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

Ike Simpson & Ors on behalf of Wajarri Yamatji   (native title party)

- and -

The State of Western Australia   (Government party)

- and -

Ishine International Resources Ltd  (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Member Helen Shurven
Place:  Perth
Date:  6 May 2013

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 Marcus Fort, Yamatji Marlpa Aboriginal Corporation

Representative of the     

Government party:         Mr Clyde Lannan, Department of Mines and Petroleum

Representative of the     

grantee party:                 Ms Iva Morrell, McMahon Mining Title Services Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 29 June 2011 the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E08/2239 to Ishine International Resources Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 17 October 2011, Ike Simpson & Ors on behalf of Wajarri Yamatji (WC2004/010) registered from 5 December 2005, made an expedited procedure objection application to the Tribunal.

3. On 1 May 2013 the Government party advised the Tribunal that exploration licence E08/2239 was granted on 1 May 2013 with the exclusion of all land able to be claimed within the Wajarri Yamatji native title claim area WC2004/010.

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 WO2011/1190 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member