The Yarnangu Ngaanyatjarraku Parna (Aboriginal Corporation)/Western Australia/ Encounter Resources Pty Ltd
[2006] NNTTA 90
•25 July 2006
NATIONAL NATIVE TITLE TRIBUNAL
The Yarnangu Ngaanyatjarraku Parna (Aboriginal Corporation)/Western Australia/ Encounter Resources Pty Ltd, [2006] NNTTA 90 (25 July 2006)
Application No: WO05/660
IN THE MATTER of the Native Title Act 1993 (Cth)
- and -
IN THE MATTER of an inquiry into an expedited procedure objection application
The Yarnangu Ngaanyatjarraku Parna (Aboriginal Corporation) – (WC96/71)
(native title party)
- and -
The State of Western Australia (Government party)
- and -
Encounter Resources Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date: 25 July 2006
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 29 June 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E38/1786 to Encounter Resources Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 27 October 2005, The Yarnangu Ngaanyatjarraku Parna (Aboriginal Corporation) (‘the native title party’) made an expedited procedure objection application to the Tribunal.
The Government party has advised the Tribunal that exploration licence E38/1786 was granted on the 28 February 2006 with the exclusion of all land able to be claimed within the Native Title Determination Area (formerly claimWC96/71).
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).
Hon C J Sumner
Deputy President
25 July 2006
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