Leedham Papertalk and Others on behalf of the Mullewa Wadjari Community/Western Australia/State Resources Pty Ltd

Case •

[2008] NNTTA 152

•

11 November 2008

NATIONAL NATIVE TITLE TRIBUNAL

Leedham Papertalk and Others on behalf of the Mullewa Wadjari Community/Western Australia/State Resources Pty Ltd, [2008] NNTTA 152 (11 November 2008)

Application No:        WO08/487

IN THE MATTER of the Native Title Act1993 (Cth)

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

Leedham Papertalk and Others on behalf of the Mullewa Wadjari Community -WC96/93 (native title party)

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The State of Western Australia (Government party)

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State Resources Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                  Hon C J Sumner, Deputy President
Place:  Perth
Date:  11 November 2008

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection application – excision of tenement from native title claim – tenement granted – 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

Representative of the        

native title party:              Mr Jerome Frewen, Desert Management Pty Ltd

Representative of the        Mr Greg Abbott, Department of Industry and Resources

Government party:           Ms Violet Jacobs, Department of Industry and Resources

Representative of the

grantee party:  Mr Mathew Clohessy, Emerald Tenement Services

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

  1. On 4 June 2008, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E59/1444 to State Resources Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  2. On 12 June 2008, Leedham Papertalk and Others on behalf of the Mullewa Wadjari Community (‘the native title party’) made an expedited procedure objection application to the Tribunal.

  3. On 4 November 2008, the Government Party advised the Tribunal that exploration licence E59/1444 was granted on 24 October 2008 with the exclusion of all land the subject of the determination of native title made by the Federal Court in relation to Native Title Claim WC96/93.

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).

Conclusion

  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
11 November 2008

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