Victor Barunga & Others on behalf of the Dambimangari Native Title Claimants/Western Australia/Michael Latham, Terrence Daniel Reid

Case •

[2006] NNTTA 159

•

19 December 2006

NATIONAL NATIVE TITLE TRIBUNAL

Victor Barunga & Others on behalf of the Dambimangari Native Title Claimants/Western Australia/Michael Latham, Terrence Daniel Reid, [2006] NNTTA 159 (19 December 2006)

Application No:        WO06/292

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

Victor Barunga & Others on behalf of the Dambimangari Native Title Claimants – (WC99/7) (native title party)

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The State of Western Australia (Government party)

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Michael Latham, Terrence Daniel Reid (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon C J Sumner, Deputy President
Place:             Perth
Date:              19 December 2006

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection application – excision of tenement from native title claim – tenement granted – Tribunal has no jurisdiction – objection application dismissed

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

Cases: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

Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

  1. On 15 March 2006, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E04/1533 to Michael Latham and Terrence Daniel Reid (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  2. On 10 July 2006, Victor Barunga & Others on behalf of the Dambimangari Native Title Claimants (WC99/7) (‘the native title party’) made an expedited procedure objection application to the Tribunal.

  3. On 6 December 2006, the Government party advised the Tribunal that exploration licence E04/1533 was granted on 4 December 2006 with the exclusion of all land able to be claimed within Native Title Claim WC99/7.

Relevant Facts

  1. 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

  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
19 December 2006

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