Leonne Velickovic on behalf of Widji People/Western Australia/Rocky Reef Mining Pty Ltd and Gregory John Keeley

[2005] NNTTA 52

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic on behalf of Widji People/Western Australia/Rocky Reef Mining Pty Ltd and Gregory John Keeley, [2005] NNTTA 52 (18 July 2005)

Application No:        WO05/184

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

Leonne Velickovic on behalf of Widji People – (WC98/27) (native title party)

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The State of Western Australia (Government party)

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Rocky Reef Mining Pty Ltd and Gregory John Keeley (wrongly notified as Gregory John Keeley) (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon C J Sumner, Deputy President
Place:             Perth
Date:              18 July 2005

Catchwords:  Native title – future act – proposed grant of prospecting licence – expedited procedure objection application – s 29 notice withdrawn – Tribunal has no jurisdiction – objection application dismissed.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 4 May 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licence P26/3109 to Rocky Reef Mining Pty Ltd, Gregory John Keeley (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 9 May 2005, Leonne Velickovic on behalf of Widji People (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. On 4 July 2005, the Government party advised the Tribunal that it withdrew the s 29 notice in relation to prospecting licence P26/3109 as the original notice, issued on 4 May 2005, was considered to be invalid. This invalidity arose from the fact that the tenement applicant referred to in the s 29 notice was Gregory John Keeley only whereas the actual applicant is Gregory John Keeley and Rocky Reef Mining Pty Ltd.

Conclusion

1. The Tribunal has no jurisdiction to conduct an inquiry in these circumstances as there is no future act to which the right to negotiate provisions of the Native Title Act 1993 (Cth) apply (Trevor Brownley & Ors/Western Australia/Heron Resources NL & Ors, NNTT WO97/564 & Ors, [1999] NNTTA 125 (29 April 1999), Hon C J Sumner).

Decision

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

The Hon C J Sumner
Deputy President
18 July 2005