Mervyn Cattaliano Torres &Ors on behalf of Djabera-Djabera /Western Australia/Sheffield Resources Pty Ltd; Sheffield Resources Limited

[2013] NNTTA 27

NATIONAL NATIVE TITLE TRIBUNAL

Mervyn Cattaliano Torres &Ors on behalf of Djabera-Djabera /Western Australia/Sheffield Resources Pty Ltd; Sheffield Resources Limited [2013] NNTTA 27 (11 March 2013)

Applications No: WO2011/0970; WO2012/0944

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

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IN THE MATTER of an inquiry into expedited procedure objection applications

Mervyn Cattaliano Torres &Ors on behalf of Djabera-Djabera  (native title party)

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State of Western Australia  (Government party)

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Sheffield Resources Pty Ltd; Sheffield Resources Limited                 (grantee parties)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:                  Member Dan O’Dea
Place:  Perth
Date:  11 March 2013

Catchwords:  Native title – future acts – proposed grant of exploration permits – expedited procedure objection applications – expedited procedure objection applications dismissed.

Legislation:Native Title Act 1993 (Cth), ss 29, 148(a)

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

1. On 6 April 2011 and 13 June 2012, the State of Western Australia (“the Government party”) gave notice under s 29 of the Native Title Act 1993 (Cth) “NTA” of its intention to grant exploration permits E04/2084 and E04/2192 to Sheffield Resources Pty Ltd and Sheffield Resources Limited and included in the notices a statement that it considered that the grants attracted the expedited procedure.

2. On 8 August 2011 and 15 August 2012, Djabera-Djabera WC96/99 lodged expedited procedure objection applications, WO2011/0970 and WO2012/0944 with the Tribunal.

3. On 10 October 2012 the Federal Court of Australia accepted the amended claim application, WC96/99 for registration. This amendment modified the boundaries of the claim resulting in no overlap of the claim area and exploration permits E04/2084 and E04/2192. As such the registered native title claimant ceased to be a native title party pursuant to s 30(2) of the NTA. The Tribunal therefore has no entitlement to deal with the application.

Decision

1. The expedited procedure objection applications WO2011/0970 and WO2012/0944 are dismissed pursuant to s 148(a) of the NTA (Cth).

Daniel O’Dea
Member