Richard Evans on Behalf of Koara People (WC95/41)/Western Australia/Murrin Murrin East Pty Ltd
[2000] NNTTA 355
•20 November 2000
| NATIONAL NATIVE TITLE TRIBUNAL |
Richard Evans on behalf of Koara People (WC95/41)/Western Australia/Murrin Murrin East Pty Ltd, [2000] NNTTA 355 (20 November 2000)
| Application No: WO99/708 |
| IN THE MATTER of the Native Title Act 1993 (Cth) |
| - and - |
| IN THE MATTER of an inquiry into an expedited procedure objection application |
| Richard Evans on behalf of Koara People (WC95/41) (native title party) |
| - and - |
| The State of Western Australia (Government party) |
| - and - |
| Murrin Murrin East Pty Ltd (grantee party) |
| DECISION TO DISMISS OBJECTION APPLICATION |
Tribunal: The Hon C. J. Sumner
Place: Perth
Date: 20 November 2000
Catchwords: Native title – future act –proposed grant of miscellaneous licence – expedited procedure objection application – Government party satisfied that there is no future act because native title is extinguished – Government party makes the grant – Tribunal has no jurisdiction – objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s 148(a)
Cases:David Daniel & Ors (Ngarluma and Yindjibarndi people)/Western Australia/Raymond Butler and Stanley McDonald, NNTT WO99/197, Hon CJ Sumner, 11 August 2000
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On 25 August 1999, the Government party gave notice of its intention to grant miscellaneous licence 37/97 to Murrin Murrin East Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure. On 13 December 1999 Richard Evans on behalf of the Koara People (WC95/41) (‘the native title party’) made an expedited procedure objection application to the Tribunal.
On 28 September 2000, the Crown Solicitor’s Office advised the Tribunal and other parties that the Government party intended to grant the tenement on the basis that, consistent with the findings of the Full Federal Court in Western Australia v Ward [2000] FCA 191; (2000) 170 ALR 159, native title had been extinguished. The grant was made on 3 November 2000.
The question of whether the Tribunal has jurisdiction to conduct an inquiry where the Government party has granted a mining tenement in these circumstances was determined in David Daniel & Ors (Ngarluma and Yindjibarndi people)/Western Australia/Raymond Butler and Stanley MacDonald, NNTT WO99/197, Hon CJ Sumner, 11 August 2000. In that matter I decided that the Tribunal has no jurisdiction to conduct a right to negotiate inquiry after the Government party has granted the tenement and that an application should be dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth) if the tenement is granted.
On 29 September 2000, the native title party was advised of the Tribunal’s intention to dismiss the objection application if the tenements were granted and invited to make a submission. No submission has been received.
Decision
The Government party has granted a miscellaneous licence 37/97 and accordingly the objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth) (as amended).
Hon C. J. Sumner
Deputy President
20 November 2000
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