Maitland Parker on behalf of the Martu Idja Banyjima People/Western Australia/FMG Chichester Pty Ltd

[2007] NNTTA 103

NATIONAL NATIVE TITLE TRIBUNAL

Maitland Parker on behalf of the Martu Idja Banyjima People/Western Australia/FMG Chichester Pty Ltd, [2007] NNTTA 103 (5 December 2007)

Application Nos:      WO07/892, WO07/893

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 applications

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

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The State of Western Australia (Government party)

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FMG Chichester Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:                  Hon C J Sumner, Deputy President
Place:  Perth
Date:  5 December 2007

Catchwords:  Native title – future act – proposed grant of miscellaneous licences – expedited procedure objection applications – excision of tenements from native title claim – tenements granted - Tribunal has no jurisdiction – objection application dismissed.

Legislation:    Native Title Act 1993 (Cth) s 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 APPLICATIONS

Background

1. On 9 May 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant miscellaneous licences L47/193 and L47/198 to FMG Chichester Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 5 September 2007, Maitland Parker on behalf of the Martu Idja Banyjima People (WC98/62 – registered from 29 September 1998) (‘the native title party’) made expedited procedure objection applications to the Tribunal.

3. On 3 December 2007 the Government party advised the Tribunal that miscellaneous licences L47/193 and L47/198 were granted on 7 November 2007 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 grants were 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).

Decision

1. Expedited procedure objection applications WO07/892 and WO07/893 are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
5 December 2007