Raymond Dann & Others on behalf Amangu People/Western Australia/Ge Resources Pty Ltd

[2008] NNTTA 99

NATIONAL NATIVE TITLE TRIBUNAL

Raymond Dann & Others on behalf Amangu People/Western Australia/GE Resources Pty Ltd, [2008] NNTTA 99 (30 July 2008)

Application Nos:      WO07/1444, WO07/1445, WO07/1446, WO07/1447

IN THE MATTER of the Native Title Act1993 (Cth)

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

Raymond Dann & Others on behalf of Amangu People (WC04/2) (native title party)

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The State of Western Australia (Government party)

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GE Resources Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:                   Hon C J Sumner, Deputy President
Place:  Perth
Date:  30 July 2008

Catchwords:  Native title – future acts – proposed grant of exploration licences – expedited procedure objection applications – excision of tenements from native title claim – Tribunal has no jurisdiction – objection applications dismissed.

Legislation:Native Title Act 1993 (Cth) s 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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 29 August 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences E70/3034, E70/3035, E70/3036, and E70/3037 (‘the proposed licences’) to GE Resources Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 17 December 2007, Raymond Dann & Others on behalf of Amangu People (WC04/2 – registered from 3 March 2005) (‘the native title party’) made expedited procedure objection applications to the Tribunal in relation to each of the proposed licences.

3. On 22 July 2008, the Government party advised the Tribunal that exploration licences E70/3034, E70/3035, E70/3036, and E70/3037 were granted on 4 July 2008 with the exclusion of all land able to be claimed within Native Title Claim WC04/2.

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 applications WO07/1444, WO07/1445, WO07/1446 and WO07/1447 are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
30 July 2008