Merle Forrest & Ors on behalf of Central East Goldfields People/Western Australia/Peko Exploration Pty Ltd

[2010] NNTTA 121

NATIONAL NATIVE TITLE TRIBUNAL

Merle Forrest & Ors on behalf of Central East Goldfields People/Western Australia/Peko Exploration Pty Ltd, [2010] NNTTA 121 (9 August 2010)

Application Nos:             WO10/295, WO10/296, WO10/297, WO10/298, WO10/299

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

IN THE MATTER of an inquiry into expedited procedure objection applications

Merle Forrest & Ors on behalf of Central East Goldfields People (WC99/30) (native title party)

- and -

The State of Western Australia (Government party)

- and -

Peko Exploration Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  9 August 2010

Catchwords:  Native title – future acts – proposed grant of prospecting licences – expedited procedure objection applications – tenements granted – Tribunal has no jurisdiction – objection applications 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

Representative of the     

native title party:            Mr Andre Maynard, Goldfields Land and Sea Council

Representatives of the    Mr Greg Abbott, Department of Mines and Petroleum

Government party:         Mr Clyde Lannan, Department of Mines and Petroleum

Representative of the     

grantee party:                 Ms Denice Johns, Hetherington Exploration and Mining Title Services

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 4 November 2009, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licences P27/1861, P27/1892, P27/1893, P27/1894 and P27/1895 to Peko Exploration Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 4 March 2010, Merle Forrest & Ors on behalf of Central East Goldfields People (WC99/30 – registered from 4 October 1999) made an expedited procedure application to the Tribunal.

3. On 22 July 2010, the Government party advised the Tribunal that prospecting licence P27/1861 (WO10/295) was granted on 31 March 2010 and that prospecting licences P27/1892 (WO10/296), P27/1893 (WO10/297), P27/1894 (WO10/298) and P27/1895 (WO10/299) were granted on 27 April 2010.

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).

Decision

1. Expedited procedure objection applications WO09/295, WO10/296, WO10/297, WO10/298 and WO10/299 are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
9 August 2010