Mungarlu Ngurrarankatja Rirraunkaja Aboriginal Corporation/Western Australia/Regalpoint Resources Ltd

Case •

[2012] NNTTA 73

•

28 June 2012

NATIONAL NATIVE TITLE TRIBUNAL

Mungarlu Ngurrarankatja Rirraunkaja Aboriginal Corporation/Western Australia/Regalpoint Resources Ltd, [2012] NNTTA 73 (28 June 2012)

Application No:              WO11/1214

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

Mungarlu Ngurrarankatja Rirraunkaja Aboriginal Corporation   (native title party)

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The State of Western Australia   (government party)

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Regalpoint Resources Ltd   (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:  John Sosso
Place:  Brisbane
Date of dismissal:            26 June 2012
Date of reasons:              28 June 2012

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection application – excision of tenement from native title claim – tenement granted – Tribunal has no jurisdiction – objection application dismissed

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

Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner

Representatives:

Native title party:           Ms Irene Assumpter Akumu, Central Desert Native Title Services Ltd

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

Grantee party:                Mr Greg Abbott, M & M Walter Consulting

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Background

  1. On 13 July 2011, the State of Western Australia (“the government party”) gave notice under s. 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E69/2867 to Regalpoint Resources Ltd (“the grantee party”) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  2. On 25 October 2011, Mungarlu Ngurrarankatja Rirraunkaja Aboriginal Corporation – Native Title Claim No WC98/68 (“the native title party”) registered from 29 September 1998, lodged an expedited procedure objection application with the Tribunal in relation to E69/2867.

  3. On 27 June 2012, the State of Western Australia (“the government party”) advised the Tribunal that exploration licence E69/2867 was granted on 26 June 2012 with the exclusion of all land able to be claimed within Native Title Claim WC98/68.

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). Further, in this case the grant was not a future act as native title was not affected (Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner).

Decision

  1. Expedited procedure objection application WO11/1214 is dismissed pursuant to s. 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President

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