Maitland Parker and Others on behalf of Martu Idja Banyjima/Western Australia/D.F.D Rhodes Pty Ltd

Case •

[2006] NNTTA 156

•

5 December 2006

NATIONAL NATIVE TITLE TRIBUNAL

Maitland Parker and Others on behalf of Martu Idja Banyjima/Western Australia/D.F.D Rhodes Pty Ltd, [2006] NNTTA 156 (5 December 2006)

Application No:        WO05/755

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

Maitland Parker and Others on behalf of Martu Idja Banyjima (WC98/62) (native title party)

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The State of Western Australia (Government party)

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D.F.D Rhodes Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Daniel O’Dea, Member
Place:             Perth
Date:              5 December 2006

Catchwords:  Native title — future act — proposed grant of exploration licences — expedited procedure objection application — overlapping portion of E47/1431 excised — Tribunal has no jurisdiction — objection application dismissed.

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

Cases:David Daniel & Ors/Western Australia/Raymond J T Butler and Stanley A MacDonald, NNTT WO99/197, [2000] NNTTA 294 (11 August 2000), Hon C J Sumner

Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

  1. On 2 November 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of its intention to grant exploration licences E47/1429, E47/1431 and E47/1432 to D.F.D Rhodes Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

  2. On 9 November 2005, Maitland Parker and Others on behalf of Martu Idja Banyjima – native title determination application WC98/62, registered from 29 September 1998 (‘the native title party’) lodged an expedited procedure objection application with the Tribunal in relation to the proposed licences.

On 3 December 2006, t

  1. he Department of Industry and Resources, on behalf of the Government party, advised the Tribunal that exploration licence E47/1431 was granted on 26 July 2006 with the exclusion of all land able to be claimed within native title claim WC98/62.

Relevant Facts

  1. The Tribunal has decided that it does not have jurisdiction to conduct an inquiry once a grant has been made (David Daniel & Ors/Western Australia/Raymond J T Butler and Stanley A MacDonald, NNTT WO99/197, [2000] NNTTA 294 (11 August 2000), Hon C J Sumner). Further, in this case the grant was not a future act as native title was not affected (Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner).

  2. For the avoidance of doubt I observe that on 1 December 2006, the Tribunal received written notification from the legal representative for the native title party, Mr Paul Sheiner, that the objection in relation to E47/1429 and E47/1432 was withdrawn.

Decision

  1. There is no longer any proposal from the Government party to do the future act and accordingly the objection application in relation to E47/1431 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Daniel O’Dea
Member

5December 2006

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