Robin Boddington and Others on behalf of Wajarri Elders/Western Australia/Jindalee Resources Ltd

[2006] NNTTA 109

NATIONAL NATIVE TITLE TRIBUNAL

Robin Boddington and Others on behalf of Wajarri Elders/Western Australia/Jindalee Resources Ltd, [2006] NNTTA 109 (4 August 2006)

Application No:        WO03/394

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

Robin Boddington and Others on behalf of Wajarri Elders – (WC01/3) (native title party)

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The State of Western Australia (Government party)

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Jindalee Resources Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                  Hon C J Sumner, Deputy President
Place:  Perth
Date:  4 August 2006

Catchwords:  Native title – future act – proposed grant of amalgamation licence into exploration licence – expedited procedure objection application – amalgamation application lapsed – 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 7 May 2003, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant amalgamation application MM5/23 into exploration licence E20/432 to Jindalee Resources Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 8 May 2003, Robin Boddington and Others on behalf of Wajarri Elders – Native Title Claim No. WC01/3 registered on 9 July 2001 (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. On 23 September 2005, the Government party advised the Tribunal that the grantee party’s amalgamation application MM5/23 lapsed on 24 December 2004.  The Tribunal has no jurisdiction to conduct an inquiry because the Government party no longer proposes to do a future act as originally notified.

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
4 August 2006