Marjorie May Strickland & Another (Maduwongga) v Cavalier Resources Limited & Others
[2023] NNTTA 17
•25 May 2023
NATIONAL NATIVE TITLE TRIBUNAL
Marjorie May Strickland & Another (Maduwongga) v Cavalier Resources Limited & Others [2023] NNTTA 17 (25 May 2023)
Application Nos: | WO2022/1105; WO2022/1148; WO2022/1152; WO2022/1195; WO2022/1199; WO2022/1230; WO2022/1231; WO2022/1232; WO2022/1269; WO2022/1270; WO2022/1271; WO2022/1312; WO2022/1313; WO2022/1343; WO2022/1344; WO2022/1345; WO2022/1346 |
IN THE MATTER of the Native Title Act 1993 (Cth)
- and -
IN THE MATTER of an inquiry into expedited procedure objection applications
Marjorie May Strickland & Another (Maduwongga) (WC2017/001)
(native title party)
- and -
See attached Schedule
(grantee parties)
- and -
State of Western Australia
(Government party)
DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS
Tribunal: | Ms Nerida Cooley |
Place: | Brisbane |
Date: | 25 May 2023 |
Catchwords: | Native title – future acts – proposed grant of exploration licences – proposed grant of prospecting licences – expedited procedure objection applications – native title determination application dismissed – applicant ceases to be a native title party – expedited procedure objection applications dismissed |
Legislation: | Native Title Act 1993 (Cth) ss 29, 30, 32, 148 |
| Representative of the native title party: | Marjorie May Strickland |
| Representatives of the grantee parties: | Brianna Wallace, Brittany Darby-Smith & Claire McGowan, Mining Access Legal; Darren McAulay, Datum Peg Mining Titles Solutions; Alan Tandy; Ian Burton; Cameron Hardie, Tenement Solutions; Max Strindberg; Louisa Kopa; Paul Humberston, Austwide Mining Title Management Pty Ltd |
| Representative of the Government party: | Andrea Wyles, Department of Mines, Industry Regulation and Safety |
REASONS
The Tribunal proceedings listed in the Schedule relate to expedited procedure objection applications lodged by the Applicant for the Maduwongga native title determination application (WAD186/2017) (claim).
At the time each objection was lodged, the Applicant was a registered native title claimant and native title party in relation to the area of the corresponding tenement, and was entitled to lodge the objection: ss 29 and 32 Native Title Act 1993 (Cth).
However, on 28 April 2023, the Federal Court made an order dismissing the claim, following which, on 1 May 2023, the claim was removed from the Register of Native Title Claims under the Native Title Act. As a consequence, the Applicant has ceased to be a registered native title claimant and, in turn, ceased to be a native title party in relation to the area of each tenement: s 30(2) Native Title Act.
The Tribunal may dismiss an application at any stage of an inquiry if it is satisfied that it is not entitled to deal with the application: s 148(a) Native Title Act. On 2 May 2023 the Tribunal wrote to all parties advising that, as the Applicant has ceased to be a relevant native title party, the Tribunal is of the view that it is no longer entitled to deal with the objections, and proposes to dismiss them under s 148(a). The Applicant was given until 12 May 2023 to show cause why the objections should not be dismissed.
No comments have been received and I am satisfied that the Applicant’s objections should be dismissed on the basis that the Applicant is no longer a native title party in relation to the areas of each of the tenements listed in the Schedule.
Decision
The expedited procedure objection applications listed in the Schedule are dismissed under s 148(a) of the Native Title Act.
Ms Nerida Cooley
Member
25 May 2023
SCHEDULE
| OBJECTION APPLICATION NO. | DATE LODGED | TENEMENT NO. | GRANTEE PARTY |
| WO2022/1105 | 02/09/2022 | E24/232 | Cavalier Resources Limited |
| WO2022/1148 | 16/09/2022 | E27/687 | Moho Resources Limited |
| WO2022/1152 | 16/09/2022 | P27/2524-S | Kym Anthony McClaren |
| WO2022/1195 | 30/09/2022 | P24/5568 | Cavalier Resources Limited |
| WO2022/1199 | 30/09/2022 | E31/1317 | Hurricane Prospecting Pty Ltd |
| WO2022/1230 | 14/10/2022 | P29/2644 | Ian Geoffrey Burton |
| WO2022/1231 | 14/10/2022 | P29/2645 | Ian Geoffrey Burton |
| WO2022/1232 | 14/10/2022 | E31/1303 | Solstice Minerals Limited |
| WO2022/1269 | 28/10/2022 | P15/6685 | Fairplay Gold Pty Ltd |
| WO2022/1270 | 28/10/2022 | P15/6688 | Fairplay Gold Pty Ltd |
| WO2022/1271 | 28/10/2022 | P15/6689 | Fairplay Gold Pty Ltd |
| WO2022/1312 | 10/11/2022 | E15/1896 | Abeh Pty Ltd |
| WO2022/1313 | 10/11/2022 | E27/669 | Black Cat (Kal East) Pty Ltd |
| WO2022/1343 | 10/11/2022 | E27/666 | Jindalee Resources Limited |
| WO2022/1344 | 10/11/2022 | E31/1316 | Jindalee Resources Limited |
| WO2022/1345 | 10/11/2022 | P29/2675 | Goongarrie Operational and Mining Pty Ltd |
| WO2022/1346 | 10/11/2022 | P29/2676 | Goongarrie Operational and Mining Pty Ltd |
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