Raymond Ashwin on behalf of the Wutha People (WC99/10)/Western Australia/John Nelson Holloway and Kai Gokus

[2001] NNTTA 1

NATIONAL NATIVE TITLE TRIBUNAL

Raymond Ashwin on behalf of the Wutha People (WC99/10)/Western Australia/John Nelson Holloway and Kai Gokus, [2001] NNTTA 1 (5 January 2001)

Application No:        WO00/38

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

Raymond Ashwin on behalf of the Wutha People (WC99/10) (Native Title party)

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The State of Western Australia (Government party)

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John Nelson Holloway and Kai Gokus (Grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:         The Hon C. J. Sumner
Place:               Perth
Date:                5 January 2001

Catchwords:   Native title – future act –proposed grant of prospecting licences – expedited procedure objection application – Government party satisfied that there is no future act because native title is extinguished – Government party makes the grant – Tribunal has no jurisdiction – objection application dismissed.

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

Cases:David Daniel & Ors (Ngarluma and Yindjibarndi people)/Western Australia/Raymond Butler and Stanley McDonald, NNTT WO99/197, Hon CJ Sumner, 11 August 2000

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

On 6 October 1999, the Government party gave notice of its intention to grant prospecting licences 51/2374 and 51/2375 to John Nelson Holloway and Kai Gokus (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.  On 7 February 2000 Raymond Ashwin on behalf of the Wutha People (WC99/10) (‘the native title party’) made an expedited procedure objection application to the Tribunal.

On 28 November 2000, the Crown Solicitor’s Office advised the Tribunal and other parties that the Government party intended to grant the tenement on the basis that, consistent with the findings of the Full Federal Court in Western Australia v Ward [2000] FCA 191; (2000) 170 ALR 159, native title had been extinguished. The grant was made on
14 December 2000.

The question of whether the Tribunal has jurisdiction to conduct an inquiry where the Government party has granted a mining tenement in these circumstances was determined in David Daniel & Ors (Ngarluma and Yindjibarndi people)/Western Australia/Raymond Butler and Stanley MacDonald, NNTT WO99/197, Hon CJ Sumner, 11 August 2000. In that matter I decided that the Tribunal has no jurisdiction to conduct a right to negotiate inquiry after the Government party has granted the tenement and that an application should be dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth) if the tenement is granted.

Decision

The Government party has granted prospecting licences 51/2374 and 51/2375 and accordingly the objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth) (as amended).

The Hon C. J. Sumner
Deputy President

5 January 2001