Joseph Roe and Others on behalf of the Goolarabooloo/Jabirr Jabirr Native Title Claimants/Western Australia/ Iluka Resources Ltd

[2007] NNTTA 38

NATIONAL NATIVE TITLE TRIBUNAL

Joseph Roe and Others on behalf of the Goolarabooloo/Jabirr Jabirr Native Title Claimants/Western Australia/ Iluka Resources Ltd, [2007] NNTTA 38 (17 May 2007)

Application No:    WO05/242

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

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IN THE MATTER of an inquiry into expedited procedure objection application

Joseph Roe and Others on behalf of the Goolarabooloo/Jabirr Jabirr Native Title Claimants – WC99/36 (native title party)

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The State of Western Australia (Government party)

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Iluka Resources Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                 Daniel O'Dea, Member
Place:  Perth
Date:  17 May 2007

Catchwords:  Native title—future acts—proposed grant of exploration licences —expedited procedure objection application—applications for exploration licences withdrawn—objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

[1] On 9 February 2005 the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences E04/1475, E04/1476 and E04/1476 (‘the proposed licences’) to Iluka Resources Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

[2]      On 12 May 2005 Joseph Rose and Others on behalf of the Goolarabooloo/Jabirr Jabirr native title claimants (‘the native title party’) made an expedited procedure objection application to the Tribunal.

[3]      On 12 January 2007 the Department of Industry and Resources on behalf of the Government party advised the Tribunal that each of the proposed licences were discontinued on 3 January 2007. 

[4]      On 13 February 2007 the Hon C J Sumner, Deputy President, purported to dismiss objection application WO05/242 as part of the bulk dismissal process used by the Tribunal in cases where tenement applications have been withdrawn and there is no longer a proposed future act, thereby depriving the Tribunal of jurisdiction to conduct the Inquiry.  However, on 15 August 2006 I was appointed to conduct the Inquiry and the inclusion of objection WO05/242 on the bulk dismissal handed down by Deputy President Sumner was the result of an administrative error.  Accordingly that decision is invalid and is replaced by this decision.

Decision

[5] Objection application WO05/242 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Daniel O’Dea
Member
17 May 2007