Raymond Dann & Others on behalf of the Amangu People/Western Australia/Aviva Corporation Ltd

Case •

[2006] NNTTA 167

•

22 December 2006

NATIONAL NATIVE TITLE TRIBUNAL

Raymond Dann & Others on behalf of the Amangu People/Western Australia/Aviva Corporation Ltd, [2006] NNTTA 167 (22 December 2006)

Application No:         WO06/286

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

- and -

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

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

- and -

The State of Western Australia (Government party)

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Aviva Corporation Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:        Daniel O’Dea, Member
Place:             Perth
Date:              22 December 2006

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) 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 APPLICATION

  1. On 1 March 2006, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E70/2787 to Aviva Corporation Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  2. On 28 June 2006, Raymond Dann & Others on behalf of the Amangu People (‘the native title party’) made an expedited procedure objection application to the Tribunal.

  3. On 14 December 2006, the Government party advised the Tribunal that exploration licence E70/2787 was granted on 13 December 2006 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. The expedited procedure objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Daniel O’Dea
Member
22 December 2006

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