Judy Hughes & Others on behalf of the Thalanyji People/Western Australia/Kingsmen (Asia Pacific) Pty Ltd

Case •

[2006] NNTTA 100

•

2 August 2006

NATIONAL NATIVE TITLE TRIBUNAL

Judy Hughes & Others on behalf of the Thalanyji People/Western Australia/Kingsmen (Asia Pacific) Pty Ltd, [2006] NNTTA 100 (2 August 2006)

Application No:        WO05/884

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

Judy Hughes & Others on behalf of the Thalanyji People – (WC99/45) (native title party)

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The State of Western Australia (Government party)

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Kingsmen (Asia Pacific) Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner, Deputy President
Place:             Perth
Date:              2 August 2006

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

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

Cases:David Daniel & Ors/Western Australia/Raymond J T Butler and Stanley A MacDonald, NNTT WO99/197, [2000] NNTTA 294 (11 August 2000), Hon C J Sumner

Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

  1. On 14 December 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E08/1580 to Kingsmen (Asia Pacific) Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  2. On 15 December 2005, Judy Hughes & Others on behalf of the Thalanyji People – Native Title Claim No. WC99/45 registered on 7 February 2000 (‘the native title party’) made an expedited procedure objection application to the Tribunal.

  3. The Government party has now advised the Tribunal that exploration licence E08/1580 was granted on 23 May 2006 with the exclusion of all land able to be claimed within Native Title Claim WC99/45.

Relevant Facts

  1. The Tribunal has decided that it does not have jurisdiction to conduct an inquiry once a grant has been made (David Daniel & Ors/Western Australia/Raymond J T Butler and Stanley A MacDonald, NNTT WO99/197, [2000] NNTTA 294 (11 August 2000), Hon C J Sumner). Further, in this case the grant was not a future act as native title was not affected (Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner).

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
2 August 2006

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