Milgin v 142 East Pty Ltd

[2014] NNTTA 52

NATIONAL NATIVE TITLE TRIBUNAL

Milgin and Others v 142 East Pty Ltd and Another [2014] NNTTA 52 (10 June 2014)

Application No:               WO2013/0558

IN THE MATTER of the Native Title Act1993 (Cth)

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IN THE MATTER of an inquiry into an expedited procedure objection application

Annie Milgin & Others on behalf of the Nyikina & Mangala Native Title Claimants (WC1999/025) (native title party)

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The State of Western Australia (Government party)

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142 East Pty Ltd (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:  Helen Shurven, Member
Place:  Perth
Date:  10 June 2014

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection application – application for exploration licence withdrawn – expedited procedure objection application dismissed.

Legislation:Native Title Act 1993 (Cth), ss 29, 30(1), 31, 32(3), 148(a)

Representatives of the     Ms Jacki Cole, Kimberley Land Council
native title party:             Ms Barbra Friedewald, Kimberley Land Council

Representatives of the     Ms Kate Vincent, State Solicitor’s Office
Government party:         Ms Bethany Conway, Department of Mines and Petroleum

Representatives of the     Mr Shannon McMahon, McMahon Mining Title Services Pty Ltd
Grantee party:                Ms Lydia Brisbout, McMahon Mining Title Services Pty Ltd

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

1. On 30 January 2013, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’, ‘NTA’) of its intention to grant exploration licence E04/2238 (‘the exploration licence’) to 142 East Pty Ltd (‘the grantee party’). The notice included a statement that the Government party considers the grant attracts the expedited procedure (that is, that the proposed licence is an act that can be done without the normal negotiations required by s 31 of the Act).

2. An objection to the inclusion of the expedited procedure statement may be made to the National Native Title Tribunal (‘the Tribunal’) by any person who, four months after the notification day, is a registered native title claimant in respect of the relevant land or waters (see s 29(2)(b)(i), s 32(3) and s 30(1) of the Act). (If there is no registered native title claimant when the s 29 notice is given, the application containing the native title claim must be filed sometime before the end of three months after the notification day included in the s 29 notice (see s 30(1)(a)(i)). The notification date for this matter was 30 January 2013. The three month period for filing a native title claim was 30 April 2013. The four month period for lodgement of objections was 30 May 2013.

3. The proposed licence comprises an area of approximately 16285 hectares, located 60 kilometres south of Derby, in the Shire of Derby-West Kimberley. The proposed licence area is 100 per cent overlapped by the Nyikina and Mangala native title claim (WC1999/025 – registered from 28 September 1999). There are no other registered claims or determinations of native title within the relevant area.

4. On 30 May 2013, Annie Milgin, Joe Green, John Watson, Rosita Shaw, David Banjo, Cyril Archer, Robert Watson, Rona Charles, Anthony Watson and Harry Watson on behalf of the Nyikina and Mangala native title claimants, lodged an objection application with the Tribunal in respect of the proposed licence. No other native title claim was filed, or objection lodged, in respect of this proposed licence. 

5. Following two listing conferences, parties agreed for the matter to proceed to inquiry and directions were made by President Raelene Webb QC on 18 September 2013. All submissions in relation to the inquiry were received by 23 December 2013.

6. The Department of Mines and Petroleum on behalf of the Government party advised the Tribunal on 29 May 2014 that the grantee party had withdrawn their application for the exploration licence on 27 May 2014. As a result of the withdrawal, the Tribunal no longer has jurisdiction to determine the matter.

Decision

1. The expedited procedure objection application WO2013/0558 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member

10 June 2014