Reg Hayden on behalf of Ballardong/Western Australia/Tom Bateman

[2006] NNTTA 115

NATIONAL NATIVE TITLE TRIBUNAL

Reg Hayden on behalf of Ballardong/Western Australia/Tom Bateman, [2006] NNTTA 115 (10 August 2006)

Application No:        WO03/439

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

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

Reg Hayden on behalf of Ballardong (WC97/56) (native title party)

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The State of Western Australia (Government party)

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Tom Bateman (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner, Deputy President
Place:             Perth
Date:              10 August 2006

Catchwords:  Native title – future act – proposed grant of exploration licence - expedited procedure objection application – objector failed the registration test – no native title party with procedural rights - Tribunal has no jurisdiction – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) ss 30(2), 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 26 February 2003, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licence P77/3404 to Tom Bateman (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 3 June 2003, Reg Hayden on behalf of Ballardong – Native Title Claim No. WC97/56 (WAG6181/98) – registered from 10 July 1997 (‘the native title party’), made an expedited procedure objection application to the Tribunal.

3. On 10 May 2005, Ballardong native title determination application WC00/7 (WG61/8198) failed the Registration Test and was removed from the Register of Native Title Claims.  A direct consequence of this is that WC97/56 (WG181/980), which formed part of combined application WC00/7 (WG61/8198), was also deregistered. 

4. On 7 July 2005 the Tribunal wrote to all parties advising of the Registration Test decision and inviting submissions as to whether the Tribunal still has jurisdiction to conduct the inquiry.  No responses were received.

5. The Tribunal has decided that it does not have jurisdiction to conduct an inquiry on the basis that the objector is no longer a native title party as defined in s 30(2) of the Act. The Ballardong People no longer have the ‘right to negotiate’ through the operation of Schedule 5, Part 4, item 11 (12), Native Title Amendment Act 1998 (Cth).

Decision

1. The expedited procedure objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth) (as amended).

Hon C J Sumner
Deputy President
10 August 2006