June Harrington-Smith and Other on behalf of the Wutha People/Western Australia/Glen William Colgan, Troy Gavin Dalla-Costa

[2006] NNTTA 92

NATIONAL NATIVE TITLE TRIBUNAL

June Harrington-Smith and Other on behalf of the Wutha People/Western Australia/Glen William Colgan, Troy Gavin Dalla-Costa, [2006] NNTTA 92 (25 July 2006)

Application No:        WO05/278

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

- and -

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

June Harrington-Smith and Other on behalf of the Wutha People – (WC99/10)
(native title party)

- and -

The State of Western Australia (Government party)

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Glen William Colgan, Troy Gavin Dalla-Costa (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon C J Sumner, Deputy President

Place:             Perth
Date:              25 July 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)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 26 January 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E30/292 to Glen William Colgan and Troy Gavin Dalla-Costa (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 26 May 2005, June Harrington-Smith and Other on behalf of the Wutha People (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. The Government party advised the Tribunal that exploration licence E30/292 was granted on 27 April 2006 with the exclusion of all land able to be claimed under Native Title Claim WC99/1.

4. 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) (as amended).

Hon C J Sumner
Deputy President
25 July 2006