Leedham Papertalk & Ors on Behalf of Mullewa Wadjari; Frederick Taylor & Ors on Behalf of Amangu /Western Australia/Coal Face Resources Pty Ltd

[2013] NNTTA 121

NATIONAL NATIVE TITLE TRIBUNAL

Leedham Papertalk & Ors on behalf of Mullewa Wadjari; Frederick Taylor & Ors on behalf of Amangu /Western Australia/Coal Face Resources Pty Ltd

[2013] NNTTA 121 (21 August 2013)

Application No:              WO2012/0713 & WO2012/0730

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

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

Native title parties as listed in the attached schedule   (native title parties)

- and -

The State of Western Australia   (Government party)

- and -

Grantee parties as listed in the attached schedule  (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Member Daniel O’Dea
Place:  Perth
Date:  21 August 2013

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) ss 29, 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 21 March 2012 the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E70/4193 to Coal Face 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 the dates specified in the attached Schedule, the native title parties lodged expedited procedure objection applications with the Tribunal.

[3]        On 16 August 2013 the Government party advised the Tribunal that exploration licence E70/4193 had been granted on 15 August 2013 as all areas where native title may have continued to exist had been excluded from the area.

Relevant facts

[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 applications specified in the attached schedule are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Daniel O’Dea
Member

SCHEDULE – DETERMINATION

Tenement	Government Party Notification	Objection Application Lodged	Objection Application No.	Grantee Party	Native Title Party & Application No.	Date of Withdrawal
E70/4193	21/03/2012	18/07/2012	WO2012/0713	Coal Face Resources	Leedham Papertalk & Ors on behalf of Mullewa Wadjari (WC1996/093)	15/08/2013
E70/4193	21/03/2012	21/07/2012	WO2012/0730	Coal Face Resources	Frederick Taylor & Ors on behalf of Amangu (WC2004/002)	15/08/2013