Ronald Crowe & Others on behalf of Gnulli v Gascoyne Metals Pty Ltd; Dynasty Metals Australia Ltd

[2014] NNTTA 53

NATIONAL NATIVE TITLE TRIBUNAL

Ronald Crowe & Others on behalf of Gnulli v Gascoyne Metals Pty Ltd; Dynasty Metals Australia Ltd [2014] NNTTA 53 (10 June 2014)

Application No:              WO2014/0038; WO2014/0086

IN THE MATTER of the Native Title Act1993 (Cth)

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IN THE MATTER of an inquiry into an expedited procedure objection applications

Ronald Crowe & Ors on behalf of Gnulli         (native title party)

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The State of Western Australia   (Government party)

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Gascoyne Metals Pty Ltd        (first grantee party)

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Dynasty Metals Australia Ltd  (second grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Member Helen Shurven
Place:  Perth
Date:  10 June 2014

Catchwords:  Native title – future act – proposed grant of exploration licenses – expedited procedure objection applications – amendment to claim application – Tribunal has no jurisdiction – objection applications dismissed

Legislation:Native Title Act 1993 (Cth) ss 29, 148(a)

Representative of the  

native title party:            Ms Louise Keepa, Yamatji Marlpa Aboriginal Corporation

Representative of the     

Government party:         Mr Matthew Smith, Department of Mines and Petroleum

Representative of the
First grantee party:        Ms April French, Austwide Mining Title Management Pty Ltd

Representative of the

Second grantee party:    Mr Hong-Jim Saw, Hetherington Exploration and Mining Title

Services Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 25 September 2013 and 9 October 2013 respectively, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration license E09/1989 to Gascoyne Metals Pty Ltd (‘the first grantee party’) and exploration license E09/2066 to Dynasty Metals Australia Ltd (‘the second grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 17 January 2014 and 6 February 2014 respectively, Ronald Crowe & Others on behalf of Gnulli (WC1997/028) registered from 14 April 1997, made expedited procedure objection applications in relation to E09/1989 (WO2014/0038) and E09/2066 (WO2014/0086).

3. On 13 May 2014 the amended Gnulli application was accepted for registration pursuant to s 190A(6A). The objection applications no longer fall within the Gnulli claim area and therefore the Tribunal no longer has jurisdiction in relation to the objection applications.

Decision

1. Expedited procedure objection applications WO2014/0038 and WO2014/0086 are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member