Les Tullock & Ors on Behalf of Tarlpa/ Western Australia/ Phosphate Australia Limited

[2013] NNTTA 41

NATIONAL NATIVE TITLE TRIBUNAL

Les Tullock & Ors on behalf of Tarlpa/ Western Australia/ Phosphate Australia Limited

[2013] NNTTA 41 (19 April 2013)

Application No:        WO2012/0346

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

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IN THE MATTER of an inquiry into expedited procedure objection application

Les Tullock & Ors on behalf of Tarlpa (WC07/3) (native title party)

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The State of Western Australia (Government party)

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Phosphate Australia Limited (grantee parties)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                  Helen Shurven
Place:  Perth
Date:  19 April 2013

Catchwords:  Native title – future act – proposed grant of exploration licence - expedited procedure objection application – objection application dismissed.

Legislation:Native Title Act 1993 (Cth), ss 29, 31(1), 32(7), 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 11 January 2012, the State of Western Australia (‘the Government party’) gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E53/1647 (‘the proposed tenement’) to the Phosphate Australia Limited (‘the grantee party’) and included in the notice a statement that it considered the grant attracted the expedited procedure.

2. On 5 April 2012, Les Tullock & Ors on behalf of Tarlpa – native title claim no. WC07/3 registered from 30 April 2008 (‘the native title party’) lodged an expedited procedure objection application with the National Native Title Tribunal in relation to the notice about the proposed tenement (WO2012/0346).

3. On 15 April 2013, the Department of Mines and Petroleum on behalf of the Government party, advised the Tribunal that under s 32(7) of the Native Title Act 1993 (Cth), the Government Party withdrew its statement that the proposed tenement attracted the expedited procedure.

4. Accordingly, the proposed tenement is to be treated under s 31(1) of the Native Title Act 1993 (Cth) and the objection application is no longer valid.

Decision

1. The objection application WO2012/0346 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member
19 April 2013