Peter Stevens (Nyimirliny) on behalf of Eastern Guruma/Western Australia/ Independence Gold NL

[2003] NNTTA 92

NATIONAL NATIVE TITLE TRIBUNAL

Peter Stevens (Nyimirliny) on behalf of Eastern Guruma/Western Australia/ Independence Gold NL, [2003] NNTTA 92 (25 August 2003)

Application No:        WO03/262

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

- and -

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

Peter Stevens (Nyimirliny) on behalf of Eastern Guruma – (WC97/89)
(native title party)

- and -

The State of Western Australia (Government party)

- and -

Independence Gold NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner
Place:             Perth
Date:              25 August 2003

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

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 27 November 2002, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences E47/1204 and E47/1205 to Independence Gold NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 13 March 2003, Peter Stevens (Nyimirliny) on behalf of Eastern Guruma (‘the native title party’) made an expedited procedure objection application to the Tribunal.  

1. The Government party advised the Tribunal that exploration licences E47/1204 and E47/1205 were granted on 23 July 2003 in accordance with the issuing of a State Deed, a copy of which was lodged with the Tribunal on the day of grant. 

2. 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, 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, Hon CJ Sumner).

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

25 August 2003