Leo Thomas & Others on behalf of the Wongatha People /Western Australia/Peter Andrew Wiltshire

[2007] NNTTA 13

NATIONAL NATIVE TITLE TRIBUNAL

Leo Thomas & Others on behalf of the Wongatha People /Western Australia/Peter Andrew Wiltshire, [2007] NNTTA 13 (6 February 2007)

Application Nos:      WO05/896, WO05/897, WO05/898, WO05/899, WO05/900, WO05/901, WO05/902, WO05/903, WO05/905, WO05/906, WO05/907, WO05/908, WO05/909 and WO05/910

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

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IN THE MATTER of an inquiry into expedited procedure objection applications

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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Peter Andrew Wiltshire (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:       Daniel O’Dea, Member
Place:             Perth
Date:              6 February 2007

Catchwords:  Native title — future acts — proposed grant of prospecting licences — expedited procedure objection applications — withdrawal of expedited procedure statement — Tribunal has no jurisdiction –– objection applications dismissed.

Legislation:Native Title Act 1993 (Cth) ss 29, 32(7), 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 7 September 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licences 39/4361, 39/4362, 39/4363, 39/4366, 39/4367, 39/4368, 39/4369, 39/4370, 39/4371, 39/4372, 39/4373, 39/4374, 39/4375 and 40/1131 (‘the proposed licences) to Peter Andrew Wiltshire and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 21 December 2005, Leo Thomas & Others on behalf of the Wongatha People made expedited procedure objection applications to the Tribunal.

3. On 5 February 2007, the Government party advised that it withdrew the expedited procedure statement inserted in the s 29 notification of 7 September 2005, in relation to prospecting licences 39/4361, 39/4362, 39/4363, 39/4366, 39/4367, 39/4368, 39/4369, 39/4370, 39/4371, 39/4372, 39/4373, 39/4374, 39/4375 and 40/1131 (s 32(7) of the Act).

Conclusion

1. The Tribunal has no jurisdiction to conduct an inquiry in these circumstances as the proposed licences are no longer acts attracting the expedited procedure.

Decision

1. The expedited procedure objection applications are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Daniel O’Dea
Member

6 February 2007