Robin Yarran on behalf of Ballardong/Western Australia/Minerals Corporation Ltd

[2003] NNTTA 81

NATIONAL NATIVE TITLE TRIBUNAL

Robin Yarran on behalf of Ballardong/Western Australia/Minerals Corporation Ltd, [2003] NNTTA 81 (9 July 2003)

Application Nos:      WO01/402, WO01/403 & WO01/404

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

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IN THE MATTER of an inquiry into expedited procedure objection applications

Robin Yarran on behalf of Ballardong – (WC97/56) (native title party)

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The State of Western Australia (Government party)

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Minerals Corporation Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner
Place:             Perth
Date:              9 July 2003

Catchwords:             Native title – future act – proposed grant of exploration licences - expedited procedure objection applications – grant made with exclusion of area covered by claim - Tribunal has no jurisdiction – objection applications dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 11 July 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant E70/2357, E70/2358 and E70/2359 to Minerals Corporation Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 15 August 2001, Robin Yarran on behalf of Ballardong (‘the native title party’) made three expedited procedure objection applications to the Tribunal.   The first objection application (WO01/402) related to the grant of E70/2358, the second objection application (WO01/403) related to the grant of E70/2357 and the third objection application (WO01/404) related to the grant of E70/2359.

1. On 7 July 2003, the Government party advised the Tribunal that exploration licences E70/2357, E70/2358 and E70/2359 were granted on 17 June 2003 following the request of the grantee party to excise all land attracting native title from the areas to be granted.  The Government party advised that the excisions effectively resulted in only private land and road reserves being included within the granted area.

2. 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, 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, Hon CJ Sumner).

Decision

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

The Hon C J Sumner

Deputy President

9 July 2002