Raymond Ashwin & Others on behalf of Wutha/Western Australia/Yo Yo Boing Pty Ltd

[2012] NNTTA 146

NATIONAL NATIVE TITLE TRIBUNAL

Raymond Ashwin & Others on behalf of Wutha/Western Australia/Yo Yo Boing Pty Ltd, [2012] NNTTA 146 (24 December 2012)

Application No:        WO2012/0261

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

-and-

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

Raymond Ashwin & Others on behalf of Wutha  (native title party)

-and-

The State of Western Australia   (Government party)

-and-

Yo Yo Boing Pty Ltd   (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:  Daniel O’Dea
Place:  Perth
Date:  24 December 2012

Catchwords:  Native title – future act – proposed grant of exploration licence - expedited procedure objection application – no jurisdiction – expedited procedure objection application dismissed.

Legislation:Native Title Act1993 (Cth), s 148(a)

Representatives

Native title party:              Mr Paul Tolcon, Mony de Kerloy

Government party:           Mr Cheyne Beetham, State Solicitor’s Office

Mr Clyde Lannan, Department of Mines and Petroleum

Grantee party:                   Mr Dennis Hawtin, Yo Yo Boing Pty Ltd

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Background

1. On 30 November 2011, the State of Western Australia (‘the Government party’) gave notice under s 29 of the Native Title Act1993 (Cth) (‘the Act’) of its intention to grant exploration licence E20/775 (‘the proposed tenement’) to Yo Yo Boing Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 30 March 2012, Raymond Ashwin & Ors on behalf of Wutha (WC99/10 – registered from 15 June 1999) (‘the native title party’) lodged an expedited procedure objection application with the Tribunal in relation to the proposed tenement (W02012/0261).

Relevant facts

1. On 19 December 2012, the Government party advised by correspondence to the Tribunal that the grantee party had withdrawn its application for an exploration licence and as a result the matter was discontinued.

2. As the grantee party has withdrawn its application for the proposed tenement, there is no relevant future act within the meaning of s 233 of the Act and the Tribunal lacks jurisdiction to make a determination in this matter.

Decision

1. Expedited procedure objection application WO2012/0261 is dismissed pursuant to s 148(a) of the Act.

Daniel O’Dea
Member
24 December 2012