Linda Champion a named applicant and representative of the Central West Goldfields People/Western Australia/ Kim James Harris, Peter Romeo Gianni

[2005] NNTTA 49

NATIONAL NATIVE TITLE TRIBUNAL

Linda Champion a named applicant and representative of the Central West Goldfields People/Western Australia/ Kim James Harris, Peter Romeo Gianni, [2005] NNTTA 49 (18 July 2005)

Application No:        WO04/40

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

Linda Champion a named applicant and representative of the Central West Goldfields People – (WC99/29) (native title party)

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The State of Western Australia (Government party)

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Kim James Harris, Peter Romeo Gianni (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The 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 – Government party granted the prospecting licence in error – 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 25 February 2004, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licence P24/3878 to Kim James Harris, Peter Romeo Gianni (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 20 April 2004, Linda Champion a named applicant and representative of the Central West Goldfields People (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. On 14 January 2004, the Government party advised the Tribunal that the licence was granted on 22 November 2004 due to an administrative error.

4. The Tribunal has no jurisdiction to conduct an inquiry in these circumstances as there is no longer a 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 CJ Sumner
Deputy President

18 July 2005