Jack Britten & Others on behalf of the Purnululu Native Title Claim Group – (WC94/11)/Western Australia/Attgold Pty Ltd

[2001] NNTTA 152

NATIONAL NATIVE TITLE TRIBUNAL

Jack Britten & Others on behalf of the Purnululu Native Title Claim Group – (WC94/11)/Western Australia/Attgold Pty Ltd, [2001] NNTTA 152 (14 December 2001)

Application No:        WO01/227

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

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

Jack Britten & Others on behalf of the Purnululu Native Title Claim Group – (WC94/11) (native title party)

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The State of Western Australia (Government party)

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Attgold Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner
Place:             Perth
Date:              14 December 2001

Catchwords:  Native title – future act – proposed grant of exploration licence expedited procedure objection application – Tribunal has no jurisdiction – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 18 April 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E80/2572 to Attgold Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 20 August 2001, Jack Britten & others on behalf of the Purnululu Native Title Claim Group (‘the objectors’) made an expedited procedure objection application to the Tribunal.

Relevant Facts

1. On 14 September 2001, the matter was accepted on the basis the tenement was within the Claim area.  This comprised an administrative error because exploration licence E80/2572 was not within the Claim area of WC94/11.

Conclusion

1. The objection in relation to exploration licence E80/2572 be dismissed on the basis that it was originally accepted as a result of an administrative error.  The objectors are not registered native title claimants over the area of the exploration licence and the Tribunal has no jurisdiction to deal with the application.

Decision

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

The Hon C J Sumner
Deputy President

14 December 2001