Johnson Taylor and Others on behalf of Njamal Native Title Claimants/Western Australia/Duketon Consolidated Pty Ltd

[2008] NNTTA 113

NATIONAL NATIVE TITLE TRIBUNAL

Johnson Taylor and Others on behalf of Njamal Native Title Claimants/Western Australia/Duketon Consolidated Pty Ltd, [2008] NNTTA 113 (18 August 2008)

Application No:              WO08/138

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

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

Johnson Taylor and Others on behalf of the Njamal Native Title Claimants (WC99/8)

- and -

The State of Western Australia (Government party)

- and -

Duketon Consolidated Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  18 August 2008

Catchwords:  Native title – future act – proposed grant of exploration licence - expedited procedure objection application – s 29 notice discontinued – Tribunal has no jurisdiction - objection application dismissed.

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

Solicitor for the

native title party:            Mr Rainer Mathews, Pilbara Native Title Service

Representative of the

Government party:         Mr Greg Abbott, Department of Industry and Resources

Representative of the

grantee party:                 Mr Michael Giles, South Boulder Mines Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 7 November 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of its intention to grant exploration licence E45/2956 to Duketon Consolidated Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 13 February 2008, Johnson Taylor and Others on behalf of the Njamal Native Title Claimants – Native Title Claim No WC99/8 registered from 3 June 1999 (‘the native title party’) made an expedited procedure objection application to the Tribunal, designated WO08/138.

3. On 12 August 2008, the Tribunal received notification from the Department of Industry and Resources on behalf of the Government party seeking to terminate the proceedings before the Tribunal due to defects in the s 29 notice. The Government party advised the Tribunal that it intends to re-issue the notification for exploration licence E45/2956 pursuant to s 29 of the Act. The Tribunal considers this advice to be a withdrawal of the s 29 notice which means there is no related objection.

Decision

1. The expedited procedure objection application WO08/138 is dismissed pursuant to s 148(a) of the Act.

Hon C J Sumner
Deputy President
18 August 2008