Jack John Leonard Hill on behalf of South West Boojarah/Western Australia/South Coast Metals Pty Ltd

[2006] NNTTA 118

NATIONAL NATIVE TITLE TRIBUNAL

Jack John Leonard Hill on behalf of South West Boojarah/Western Australia/South Coast Metals Pty Ltd, [2006] NNTTA 118 (14 August 2006)

Application No:        WO03/930

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 John Leonard Hill on behalf of South West Boojarah – (WC98/63)
(native title party)

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The State of Western Australia (Government party)

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South Coast Metals Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                  Hon C J Sumner, Deputy President
Place:  Perth
Date:  14 August 2006

Catchwords:             Native title – future act – proposed grant of exploration licence – expedited procedure objection application – objector failed the registration test – no native title party with procedural rights – Tribunal has no jurisdiction – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) ss 29, 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 16 July 2003, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E70/2419 to South Coast Metals Pty Ltd and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 14 November 2003, Jack John Leonard Hill on behalf of South West Boojarah made an expedited procedure objection application to the Tribunal.

3. On 20 April 2006, the South West Boojarah native title determination application WC98/63 failed the registration test and was removed from the Register of Native Title Claims.

4. On 4 August 2006, the Tribunal invited parties to file submissions in relation to whether the Tribunal should dismiss the expedited procedure objection application. No submissions were received.

5. The Tribunal has decided that it does not have jurisdiction to conduct an inquiry because the party no longer has the ‘right to negotiate’ through the operation of Schedule 5, Part 4, item 11 (12), Native Title Amendment Act 1998 (Cth).

Decision

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

Hon C J Sumner

Deputy President

14 August 2006