Violet Drury and others on behalf of the Nanda People and Glenn Councillor and others on behalf of the Hutt River People/Western Australia/William Staverton Hitch, Tyson Resources Pty Ltd & Karl William Wolzak

[2005] NNTTA 56

NATIONAL NATIVE TITLE TRIBUNAL

Violet Drury and others on behalf of the Nanda People and Glenn Councillor and others on behalf of the Hutt River People/Western Australia/William Staverton Hitch, Tyson Resources Pty Ltd & Karl William Wolzak, [2005] NNTTA 56 (9 August 2005)

Application Nos:      WO03/621 & WO03/622

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

- and -

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

Violet Drury & Others on behalf of Nanda – (WC00/13) (WO03/621) (native title party)
and
Glenn Councillor and others representing the Hutt River People (WC00/1) (WO03/622) (native title party)

- and -

The State of Western Australia (Government party)

- and -

William Staverton Hitch, Tyson Resources Pty Ltd & Karl William Wolzak (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:       The Hon C J Sumner, Deputy President
Place:             Perth
Date:              9 August 2005

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection applications – Tribunal has no jurisdiction – objection applications dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 16 July 2003, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E70/2509 to William Staverton Hitch, Tyson Resources Pty Ltd & Karl William Wolzak (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 4 August 2003, Violet Drury & Others on behalf of Nanda (WO03/621) and Glenn Councillor and others on behalf of the Hutt River People (WO03/622) (‘the native title parties’) made an expedited procedure objection application to the Tribunal.

3. The Government party advised the Tribunal that exploration licence E70/2509 was granted on 27 July 2005 with the exclusion of all land able to be claimed within Native Title Claim WC00/13 & WC00/1.

4. 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 applications are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

The Hon C J Sumner
Deputy President
9 August 2005