Leedham Papertalk & Ors on behalf of Mullewa Wadjari/Western Australia/Hard Rock Resources Pty Ltd

[2013] NNTTA 94

NATIONAL NATIVE TITLE TRIBUNAL

Leedham Papertalk & Ors on behalf of Mullewa Wadjari/Western Australia/Hard Rock Resources Pty Ltd [2013] NNTTA 94 (18 July 2013)

Applications No:             WO2012/0176

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 & Ors on
behalf of Mullewa Wadjari   (native title party)

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The State of Western Australia   (Government party)

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Hard Rock Resources Pty Ltd  (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Member Daniel O’Dea
Place:  Perth
Date:  18 July 2013

Catchwords:  Native title – future act – proposed grant of exploration licences – expedited procedure objection application – excision of tenements from native title claim – tenements 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)

Representative of the  

native title party:            Ms Lesleigh Bower, Corser & Corser Lawyers

Representative of the     

Government party:         Mr Clyde Lannan, Department of Mines and Petroleum

Representative of the     

grantee party:                 Mr Eldon Stone, Anderson’s Tenement Management

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 16 November 2011 the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E70/4169 to Hard Rock Resources Pty Ltd and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 24 February 2012, Leedham Papertalk & Ors on behalf of Mullewa Wadjari (WC1996/093) registered from 19 August 1996, made an expedited procedure objection application to the Tribunal.

3. On 27 June 2013 the Government party advised the Tribunal that exploration licence E70/4169 was granted on 27 June 2013 with the exclusion of all land able to be claimed within claim area WC1996/093.

4. The Tribunal 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).

Decision

1. Expedited procedure objection application WO2012/0176 in relation to E70/4169 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Daniel O’Dea
MEMBER