Jeffrey James & Others on behalf of the Martu People (WC96/78)/Western Australia/Gindalbie Gold Nl

[2001] NNTTA 60

NATIONAL NATIVE TITLE TRIBUNAL

Jeffrey James & Others on behalf of the Martu People (WC96/78)/Western Australia/Gindalbie Gold NL, [2001] NNTTA 60 (6 July 2001)

Application No:        WO01/21

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

- and –

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

Jeffrey James & Others on behalf of the Martu People (WC96/78) (native title party)

- and –

The State of Western Australia (Government party)

- and –

Gindalbie Gold NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon C J Sumner
Place:             Perth
Date:              4 July 2001

Catchwords:  Native title – future act – proposed grant of an 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 15 November 2000, the Government party gave notice of its intention to grant exploration licence 45/2208 to Gindalbie Gold NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 16 February 2001, Jeffrey James & others on behalf of the Martu People (‘the native title party’) made an expedited procedure objection application to the Tribunal. The native title party had status to make this objection application as they were a registered native title claimant in respect of native title determination application at the time the Section 29 Notice was given.

Relevant Facts

1. The Tribunal received an objection to the expedited procedure being applied to exploration licence 45/2208 on 16 February 2001.  The Department of Minerals and Energy granted the tenement in error on 6 April 2001.

1. The Tribunal has decided that in these circumstances, the Tribunal no longer has jurisdiction to consider the matter and must therefore dismiss the objection. (Brownley/State of Western Australia/Heron Resources NL, NNTT WO97/564 & Ors, Hon CJ Sumner, 29 April 1999).

Decision

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

Hon C J Sumner
Deputy President

4 July 2001