Judy Hughes & Others on behalf of the Thalanyji People; Charlie Lapthorne & Others on behalf of the Thudgari People; Cyril Hayes & Others on behalf of Budina/Western Australia/Kalgoorlie Boulder Resources Ltd

[2008] NNTTA 125

NATIONAL NATIVE TITLE TRIBUNAL

Judy Hughes & Others on behalf of the Thalanyji People; Charlie Lapthorne & Others on behalf of the Thudgari People; Cyril Hayes & Others on behalf of Budina/Western Australia/Kalgoorlie Boulder Resources Ltd, [2008] NNTTA 125 (3 September 2008)

Application Nos:                  WO06/372, WO06/727, WO06/728

IN THE MATTER of the Native Title Act1993 (Cth)

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IN THE MATTER of an inquiry into expedited procedure objection applications

Judy Hughes & Others on behalf of the Thalanyji People – (WC99/45) (WO06/372)

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Charlie Lapthorne & Others on behalf of the Thudgari People (WC97/95) (WO06/727)

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Cyril Hayes & Others on behalf of Budina (WC04/5) (WO06/728) (native title parties)

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The State of Western Australia (Government party)

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Kalgoorlie Boulder Resources Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  3 September 2008

Catchwords:  Native title – future acts – proposed grant of exploration licences - expedited procedure objection applications – withdrawal of expedited procedure statement – Tribunal has no jurisdiction – objection applications dismissed.

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

Representative of the

Thalanyji People:                Mr Jerome Frewen, Desert Management Pty Ltd

Representative of the

Thudgari & Budina

People:  Ms Anne Marie Hagan, Yamatji Land & Sea Council

Representative of the

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

Representative of the

grantee party:  Mr Susmit Shah, Burey Gold Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 16 August 2006, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences E08/1551 and E09/1244 to Kalgoorlie Boulder Resources Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. Proposed licence E08/1551 is located 154 kilometres east of Coral Bay in the Shire of Ashburton and is overlapped 2.82 per cent by the registered native title claim of the Thalanyji People (WC99/45 – registered from 7 February 2000) and overlapped 97.18 per cent by the registered native title claim of the Budina People (WC04/5 - registered from 22 August 2005).  Proposed licence E09/1244 is located 135 kilometres north of Gascoyne Junction in the Shire of Carnarvon/Upper Gascoyne and is entirely overlapped by the registered native title claim of the Thudgari People (WC97/95 – registered from 18 November 1997).

3. On 21 August 2006, Judy Hughes & Others on behalf of the Thalanyji People made an expedited procedure objection application to the Tribunal in relation to E08/1551 (WO06/372).

4. On 11 December 2006, Charlie Lapthorne & Others on behalf of the Thudgari People made an expedited procedure objection application to the Tribunal in relation to E09/1244 (WO06/727).

5. On 11 December 2006, Cyril Hayes and Others on behalf of the Budina People also made an expedited procedure application to the Tribunal in relation to the proposed licence E08/1551 (WO06/728).

6. On 25 August 2008 the Government party advised the Tribunal that it had withdrawn the expedited procedure statement included in the s 29 notification of 16 August 2006 in relation to the proposed licence E08/1551 (s 32(7) - Native Title Act).

7. On 27 August 2008 the Government party advised the Tribunal that it had withdrawn the expedited procedure statement included in the s 29 notification of 16 August 2006 in relation to the proposed licence E09/1244 (s 32(7) - Native Title Act).

Conclusion

1. The Tribunal has no jurisdiction to conduct the inquiry as the Government party no longer considers the act to be one that attracts the expedited procedure.

Decision

1. The expedited procedure objection applications WO06/372, WO06/727 and WO06/728 are dismissed pursuant to s 148(a) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President

3 September 2008