Robert Riley on behalf of Ballardong/Western Australia/Bigscene Investments Pty Ltd & Redstone Minerals Pty Ltd
[2004] NNTTA 107
•24 November 2004
NATIONAL NATIVE TITLE TRIBUNAL
Robert Riley on behalf of Ballardong/Western Australia/Bigscene Investments Pty Ltd & Redstone Minerals Pty Ltd, [2004] NNTTA 107 (24 November 2004)
Application No: WO04/130
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
Robert Riley on behalf of Ballardong – (WC97/56) (native title party)
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The State of Western Australia (Government party)
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Bigscene Investments Pty Ltd, Redstone Minerals Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: The Hon C J Sumner, Deputy President
Place: Perth
Date: 24 November 2004
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
On 10 March 2004, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E63/880 to Bigscene Investments Pty Ltd and Redstone Metals Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 9 July 2004, Robert Riley on behalf of Ballardong (‘the native title party’) made an expedited procedure objection application to the Tribunal.
The Government party advised the Tribunal that exploration licence E63/880 was granted on 8 November 2004 with the exclusion of all land able to be claimed within Native Title Claim WC97/56.
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
The expedited procedure objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).
The Hon C J Sumner
Deputy President
24 November 2004
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