Martha Bornelli on behalf of Yued/Western Australia/Rio Tinto Exploration Pty Ltd

[2003] NNTTA 115

NATIONAL NATIVE TITLE TRIBUNAL

Martha Bornelli on behalf of Yued/Western Australia/Rio Tinto Exploration Pty Ltd, [2003] NNTTA 115 (16 November 2003)

Application No:        WO03/360

IN THE MATTER of the Native Title Act 1993 (Cth)

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IN THE MATTER of an inquiry into expedited procedure objection application

Martha Bornelli on behalf of Yued (WC97/71) (native title party)

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The State of Western Australia (Government party)

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Rio Tinto Exploration Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner
Place:             Perth
Date:              16 November 2003

Catchwords:  Native title – future act – proposed grant of exploration licence - expedited procedure objection application – grant made with exclusion of area covered by claim - Tribunal has no jurisdiction – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 11 December 2002, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E70/2523 to Rio Tinto Exploration Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 7 April 2003, Martha Bornelli on behalf of Yued (‘the native title party’) made an expedited procedure objection application to the Tribunal.  The objection application, WO03/360, being related to the grant of E70/2523.

1. On 30 October 2003, the Government party advised the Tribunal that exploration licence E70/2523 was granted on 29 October 2003 with the exclusion of all land able to be claimed within Native Title Claim WC97/71. 

2. 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, 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, Hon CJ Sumner).

Decision

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

The Hon C J Sumner

Deputy President

16 November 2003