Raymond Dann & Others on behalf of the Amangu People/Western Australia/Lion Properties Pty Ltd

Case •

[2006] NNTTA 89

•

25 July 2006

NATIONAL NATIVE TITLE TRIBUNAL

Raymond Dann & Others on behalf of the Amangu People/Western Australia/Lion Properties Pty Ltd, [2006] NNTTA 89 (25 July 2006)

Application No:        WO05/841

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)

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The State of Western Australia (Government party)

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Lion Properties Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon C J Sumner, Deputy President
Place:             Perth
Date:              25 July 2006

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

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

  1. On 5 October 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E70/2769 to Lion Properties Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  2. On 24 November 2005, Raymond Dann & Others on behalf of the Amangu People (‘the native title party’) made an expedited procedure objection application to the Tribunal.

  3. The Government party has now advised the Tribunal that exploration licence E70/2769 was granted on 18 May 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).

Hon C J Sumner
Deputy President
25 July 2006

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