Leo Thomas & Others on behalf of the Wongatha People/Western Australia/Chatswood Crest Pty Ltd

[2006] NNTTA 108

NATIONAL NATIVE TITLE TRIBUNAL

Leo Thomas & Others on behalf of the Wongatha People/Western Australia/Chatswood Crest Pty Ltd, [2006] NNTTA 108 (4 August 2006)

Application No:        WO05/652

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

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

Leo Thomas & Others on behalf of the Wongatha People – (WC99/1) (native title party)

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The State of Western Australia (Government party)

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Chatswood Crest Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                  Hon C J Sumner, Deputy President
Place:  Perth
Date:  4 August 2006

Catchwords:  Native title – future act – proposed grant of amalgamation licence into exploration licence – expedited procedure objection application – amalgamation application lapsed – 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 29 June 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant amalgamation application AM KA6/045 into exploration licence E29/386 to Chatswood Crest Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 18 October 2005, Leo Thomas & Others on behalf of the Wongatha People – Native Title Claim No. WC99/1 registered on 10 February 2000 (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. On 31 March 2006, the Government party advised the Tribunal that the grantee party’s amalgamation application AM KA6/045 lapsed on 16 December 2005.  The Tribunal has no jurisdiction to conduct an inquiry because the Government party no longer proposes to do a future act as originally notified.

Decision

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
4 August 2006