Raymond Ashwin & Ors on behalf of Wutha/Western Australia/Redport Exploration Pty Ltd

Case •

[2014] NNTTA 40

•

24 April 2014

NATIONAL NATIVE TITLE TRIBUNAL

Raymond Ashwin & Ors on behalf of Wutha/Western Australia/Redport Exploration Pty Ltd [2014] NNTTA 40 (24 April 2014)

Application No:              WO2013/0795

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

Raymond Ashwin & Ors on behalf of Wutha (WC1999/010)          (native title party)

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The State of Western Australia   (Government party)

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Redport Exploration Pty Ltd  (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Member Helen Shurven
Place:  Perth
Date:  24 April 2014

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

Representative of the  

native title party:            Mr Stephen Catania, Mony de Kerloy

Representatives of the    

Government party:         Mr Matthew Smith, Department of Mines and Petroleum

Representative of the     

grantee party:                 Ms April French, Austwide Mining Title Management Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

  1. On 27 March 2013 the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E37/1144 to Redport Exploration Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  2. On 17 July 2013, Raymond Ashwin & Ors on behalf of Wutha (WC1999/010) registered from 15 June 1999, made an expedited procedure objection application to the Tribunal.

  3. On 31 March 2014 the Government party advised the Tribunal that exploration licence E37/1144 was granted on 27 March 2014 with the exclusion of all land able to be claimed within the area WC1999/010.

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 WO2013/0795 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member
24 April 2014

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