Lorraine Bellotti on Behalf of the Gnaala Karla Booja Native Title Claim (WC98/58)/Western Australia/Cable Sands (Wa) Pty Ltd

[2000] NNTTA 227

NATIONAL NATIVE TITLE TRIBUNAL

Lorraine Bellotti on behalf of the Gnaala Karla Booja Native Title Claim (WC98/58)/Western Australia/Cable Sands (WA) Pty Ltd, [2000] NNTTA 227 (13 June 2000)

Application:   WO00/006

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

Lorraine Bellotti on behalf of the Gnaala Karla Booja Native Title Claim (WC98/58) (native title party)

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The State of Western Australia (Government party)

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Cable Sands (WA) Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:Hon. C J Sumner

Place:Perth

Date:13 June 2000

Catchwords:          Native Title – future act – proposed grant of an exploration licence –expedited procedure objection application – grant amended to exclude land over which native title might exist – Government party makes the grant – no future act proposed – Tribunal has no jurisdiction – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 6 October 1999, the Government party gave notice of its intention to grant exploration licence E70/2223 to Cable Sands (WA) Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 7 February 2000, Lorraine Bellotti on behalf of the Gnaala Karla Booja Native Title Claim (WC98/58) (‘the native title party’) made an expedited procedure objection application to the Tribunal.

On 19 May 2000, the Department of Minerals and Energy on behalf of the Government party advised the Tribunal that the grantee party had decided to excise from the grant of the exploration licence all land where there was a possibility that native title may have existed thus leaving only private property as the subject of the application. On this basis the application was granted by the Government party on 1 May 2000 and the Tribunal was advised that as the grant was no longer subject to Subdivision P (Part 2, Division 3 of the Native Title Act 1993) the Government party withdrew the s 29 notice.

Although there is no specific provision in the Native Title Act to withdraw the s 29 notice the Tribunal accepts that it does not have jurisdiction to conduct an inquiry and make a determination because:

1. where the application for the tenement has been amended to excise land over which native title might exist there is no longer a future act because native title will not be affected (Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, Hon CJ Sumner, 27 October 1997); and

1. once a grant has been made there is no longer any future act which the Government party proposes to do (Brownley/Western Australia/Heron Resources NL, NNTT WO97/564, Hon CJ Sumner, 29 April 1999).

Decision

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

Hon CJ Sumner
Deputy President

13 June 2000