Mercy O'Loughlin, Elvis Stokes and Judy Slate on Behalf of the Central East Goldfields People (WC99/30)/Western Australia/Mines & Resources Australia Pty Ltd

[2000] NNTTA 111

NATIONAL NATIVE TITLE TRIBUNAL

Mercy O’Loughlin, Elvis Stokes and Judy Slate on behalf of the Central East Goldfields People (WC99/30)/Western Australia/Mines & Resources Australia Pty Ltd, [2000] NNTTA 111 (6 March 2000)

Application No:        WO99/819

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

Mercy O’Loughlin, Elvis Stokes and Judy Slate on behalf of the Central East Goldfields People (WC99/30) (native title party)

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The State of Western Australia (Government party)

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Mines & Resources Australia Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C.J. Sumner
Place:             Perth
Date:              6 March 2000

Catchwords: Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of amalgamation of exploration licence – native title claim does not cover the area to be amalgamated – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 22 September 1999, the Government party gave notice of its intention to grant amalgamation application COAM 04/989 in relation to exploration licence E15/256 to Mines & Resources Australia Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 10 December 1999, Mercy O’Loughlin, Elvis Stokes and Judy Slate on behalf of the Central East Goldfields People made an expedited procedure objection application to the Tribunal.  The objectors are applicants (and registered native title claimants) on native title determination application number WC99/30 (WAG0070/98).

At a preliminary conference convened to consider directions for an inquiry the grantee party submitted that the Central East Goldfields claim WC99/30 did not cover the area of the proposed grant.  On confirming this with its Geospatial Unit, the Tribunal wrote to the Goldfields Land Council, representing the applicants, requesting that the objection application be withdrawn; and advising that, if not withdrawn, dismissal of the objection would be discussed at the next preliminary conference.  No response has been received from the Goldfields Land Council.  I am satisfied that claim number WC99/30 does not cover the relevant area and that therefore the objectors are not a native title party and do not have standing to make the application.

Decision

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

Hon C.J. Sumner
Member
6 March 2000