Richard Evans on Behalf of the Koara People (WC99/5)/Western Australia/Johnson's Well Mining NL
[2000] NNTTA 330
•6 October 2000
| NATIONAL NATIVE TITLE TRIBUNAL |
Richard Evans on behalf of the Koara People (WC99/5)/Western Australia/Johnson’s Well Mining NL, [2000] NNTTA 330 (6 October 2000)
| Application No: WO99/428 |
| 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 the Koara People (WC99/5) (native title party) |
| - and - |
| The State of Western Australia (Government party) |
| - and - |
| Johnson’s Well Mining NL (grantee party) |
| DECISION TO DISMISS OBJECTION APPLICATION |
Tribunal: The Hon C. J. Sumner
Place: Perth
Date: 6 October 2000
Catchwords: Native Title – future act – proposed grant of exploration licences - expedited procedure objection application –– Government party granted exploration licences in error – Tribunal has no jurisdiction - objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s 148(a)
Cases:Trevor Brownley/Western Australia/Heron Resources NL & Ors, NNTT WO97/564 & Ors, Hon CJ Sumner, 29 April 1999
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
On 14 July 1999, the Government party gave notice of its intention to grant exploration licences E37/555, E37/561 & E37/595 to Johnson’s Well Mining NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure. On 8 November 1999, Richard Evans on behalf of the Koara People (’the native title party’) made an expedited procedure objection application to the Tribunal.
In accordance with its procedures the Tribunal gave directions for the exchange of contentions and documents for the conduct of an inquiry into the objection application. On 22 August 2000, the Department of Minerals and Energy on behalf of the Government party advised the Tribunal that each of the three exploration licences had been granted on 20 March 2000. This occurred because of an error within DME when apparently a new employee mistakenly thought that the objection application had been withdrawn. On 24 August 2000, Mr Evans was informed of this situation and advised that the Tribunal could be expected to dismiss the objection application as it no longer had jurisdiction to deal with it. Mr Evans sought a hearing before me to make submissions. On 25 August 2000, Mr Evans appeared with barrister Mr Greg McIntyre who requested time to make written submissions on the issue of dismissal. Directions were made for this submission to be provided by 8 September 2000. On 22 September 2000, no submissions having been made by the native title party, I decided to dismiss the objection application. The Tribunal has previously held that where a mining tenement has been granted because the Tribunal failed to advise the Government party that an objection application had been lodged, the Tribunal has no jurisdiction to conduct an inquiry and make a determination (Trevor Brownley & Ors/Western Australia/Heron Resources NL & Ors, NNTT WO97/564 & Ors, Hon CJ Sumner, 29 April 1999). This position was recently confirmed in circumstances where the Government party has granted a tenement because it believes there is no future act because native title has been extinguished (David Daniel (Ngarluma and Yindjibarndi people)/Western Australia/Raymond Butler and Stanley McDonald, NNTT WO99/197, Hon CJ Sumner, 11 August 2000). In my view the reasoning in these cases is equally applicable to the facts of this matter.
Decision
I am satisfied that the Tribunal is not entitled to deal with the objection application and pursuant to a s 148(a) of the Native Title Act 1993 (Cth) (as amended) it is dismissed.
Hon C. J. Sumner
Deputy President
6 October 2000
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