Paddy Neowarra & Others on behalf of Wanjina Wunggurr Willinggin Native Title Claimant Group (WC99/11)/Western Australia/Kimberley Diamond Company Nl

[2002] NNTTA 190

NATIONAL NATIVE TITLE TRIBUNAL

Paddy Neowarra & Others on behalf of Wanjina Wunggurr Willinggin Native Title Claimant Group (WC99/11)/Western Australia/Kimberley Diamond Company NL, [2002] NNTTA 190 (23 August 2002)

Application:   WO01/438

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

Paddy Neowarra & Others on behalf of Wanjina Wunggurr Willinggin Native Title Claimant Group (WC99/11) (Native Title party)

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The State of Western Australia (Government party)

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Kimberley Diamond Company NL (Grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                The Hon C J Sumner

Place:  Perth
Date:  23 August 2002

Catchwords:          Native title – future act – proposed grant of exploration licence –expedited procedure objection application – grant made with exclusion of area covered by claim – Tribunal has no jurisdiction – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 30 May 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of a future act namely the grant of exploration licence E04/1073 to Kimberley Diamond Co. NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 2 October 2001, Paddy Neowarra and Others on behalf of Wanjina Wunggurr Willinggin native title Claimant group (‘the native title party’) made an expedited procedure objection application to the Tribunal (claim WC99/11).

3. On 12 October 2001, the matter was accepted by the Tribunal on the basis of spatial records that the tenement overlapped with the claim area (WC99/11).

4. The Department of Mineral and Petroleum Resources (MPR) subsequently advised that an adjoining tenement, E04/1074, had been granted and that as a result the area allowable for grant for E04/1073 had been reduced.  Subsequent geospatial checks confirmed that due to the reduction of the area allowable for grant, there was no longer an overlap between the area of E04/1073 and the claim area (WC99/11).

Conclusion

1. The objection in relation to exploration licence E04/1073 be dismissed on the basis that the tenement no longer overlaps with the claim area (WC99/11).  The objectors are no longer registered native title claimants over the area of the exploration licence and the Tribunal has no jurisdiction to deal with the application.

Decision

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

The Hon C J Sumner

Deputy President

23 August 2002