Merle Forrest and Others on behalf of Central East/Western Australia/Heron Resources Ltd

[2005] NNTTA 51

NATIONAL NATIVE TITLE TRIBUNAL

Merle Forrest and Others on behalf of Central East/Western Australia/Heron Resources Ltd, [2005] NNTTA 51 (18 July 2005)

Application No:        WO05/203

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

Merle Forrest and Others on behalf of Central East – (WC99/30) (native title party)

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The State of Western Australia (Government party)

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Heron Resources Ltd (wrongly notified as Herald Resources Ltd) (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon C J Sumner, Deputy President
Place:             Perth
Date:              18 July 2005

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection application – s 29 notice withdrawn – Tribunal has no jurisdiction – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 12 January 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E28/1188 to Herald Resources Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 12 May 2005, Merle Forrest and Others on behalf of Central East (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. On 1 June 2005, the Government party advised the Tribunal that it withdrew the s 29 notice in relation to exploration licence E28/1188 as the original notice was considered to be invalid. This invalidity arose from the fact that the tenement applicant referred to in the s 29 notice was Herald Resources Ltd whereas the actual applicant is Heron Resources Ltd.

Conclusion

1. The Tribunal has no jurisdiction to conduct an inquiry in these circumstances as there is no future act to which the right to negotiate provisions of the Native Title Act 1993 (Cth) apply (Trevor Brownley & Ors/Western Australia/Heron Resources NL & Ors, NNTT WO97/564 & Ors, [1999] NNTTA 125 (29 April 1999), Hon C J Sumner).

Decision

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

Hon C J Sumner

Deputy President
18 July 2005