Ike Simpson & Ors on behalf of Wajarri Yamatji/Western Australia/James David Runciman, Olaf Christiaan Celliers; Geological Resource Solutions Pty Ltd

[2012] NNTTA 99

NATIONAL NATIVE TITLE TRIBUNAL

Ike Simpson & Ors on behalf of Wajarri Yamatji/Western Australia/James David Runciman, Olaf Christiaan Celliers; Geological Resource Solutions Pty Ltd, [2012] NNTTA 99 (7 September 2012)

Application No:         WO12/488, WO12/489

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

-and-

IN THE MATTER of an inquiry into expedited procedure objection applications

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

-and-

The State of Western Australia   (Government party)

-and-

James David Runciman, Olaf Christiaan Celliers  (first grantee party)

-and-

Geological Resource Solutions Pty Ltd   (second grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  President Graeme Neate
Place:    Brisbane
Date of dismissal:                31 August 2012
Date of reasons:                  7 September 2012

Catchwords:   Native title – future acts – proposed grant of prospecting licenses – expedited procedure objection applications – s 29 notice terminated – Tribunal has no jurisdiction – objection applications dismissed.

Legislation:Native Title Act 1993 (Cth), s 148(a)

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

Representatives of the         Mr Olaf Cristiaan Celliers

first grantee party:            Mr James David Runciman

Representative of the

second grantee party:        Mr Greg Abbott, M & M Walter Consulting

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 25 January 2012, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licences P59/1972 and P59/1974 (‘the proposed licenses’) to Olaf Christiaan Celliers and James David Runciman (‘the first grantee party’) and to Geological Resource Solutions Pty Ltd (‘the second grantee party’) respectively, and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 25 May 2012, Ike Simpson and Ors 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 P59/1972 (WO12/488) and P59/1974 (WO12/489).

3. On 14 August 2012, the Department of Mines and Petroleum on behalf of the Government party advised the Tribunal that the s 29 notification issued on 25 January 2012 in respect to the proposed grant of the proposed licences was considered invalid on the basis that the s 29 notification was completed prior to the Department becoming aware of the registration of the Widi Mob native title claim (WC97/72) and notification was not issued to that claimant. For this reason, the Department reissued the s 29 notice in respect to the proposed licenses on 22 August 2012 and requested any action currently underway as a result of the initial notification be terminated.

4. The Tribunal considers that the Government party’s advice constitutes a withdrawal of the s 29 notice issued on 25 January 2012 in relation to the proposed licences. Consequently, there is no longer a proposed future act against which an objection to the assertion of the expedited procedure statement can be validly made. The Tribunal no longer has jurisdiction to hear and determine the objections WO12/488 and WO12/489.

Decision

1. The expedited procedure objection applications WO12/488 and WO12/489 are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

President
Graeme Neate
7 September 2012