Leedham Papertalk & Others on behalf of the Mullewa Wadjari Community; Raymond Dann & Others on behalf of the Amangu People/Western Australia/AP Mining Pty Ltd

Case •

[2008] NNTTA 79

•

27 June 2008

NATIONAL NATIVE TITLE TRIBUNAL

Leedham Papertalk & Others on behalf of the Mullewa Wadjari Community; Raymond Dann & Others on behalf of the Amangu People/Western Australia/AP Mining Pty Ltd, [2008] NNTTA 79 (27 June 2008)

Application Nos:      WO07/1305, WO08/267

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

IN THE MATTER of an inquiry into expedited procedure objection applications

Leedham Papertalk & Others on behalf of the Mullewa Wadjari Community – (WC96/93) (WO07/1305)

- and -

Raymond Dann & Others on behalf of the Amangu People – (WC04/2) (WO08/267) (native title parties)

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The State of Western Australia (Government party)

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AP Mining Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:                  Hon C J Sumner, Deputy President
Place:  Perth
Date:  27 June 2008

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection applications – excision of tenement from native title claims – tenement granted – Tribunal has no jurisdiction – objection applications 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 APPLICATIONS

Background

  1. On 21 November 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E70/3177 to AP Mining Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  2. On 19 November 2007 and 29 February 2008 respectively, Leedham Papertalk & Others on behalf of the Mullewa Wadjari Community (WC96/93 – registered from 19 August 1998) and Raymond Dann & Others on behalf of the Amangu People (WC04/2 – registered from 3 March 2005) (‘the native title parties’) made expedited procedure objection applications to the Tribunal.

  3. On 24 June 2008, the Government party advised the Tribunal that exploration licence E70/3177 was granted on 11 June 2008 with the exclusion of all land able to be claimed within Native Title Claims WC96/93 and WC04/2.

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 applications WO07/1305 and WO08/267 are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
27 June 2008

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