Wanjina-Wunggurr (Native Title) Aboriginal Corporation on behalf of its members/Victor Barangu & Others on behalf of Dambimangari/Western Australia/Proto Resources and Investments Ltd
[2012] NNTTA 84
•20 July 2012
NATIONAL NATIVE TITLE TRIBUNAL
Wanjina-Wunggurr (Native Title) Aboriginal Corporation on behalf of its members/Victor Barangu & Others on behalf of Dambimangari/Western Australia/Proto Resources and Investments Ltd, [2012] NNTTA 84 (20 July 2012)
Applications No: WO11/1100, WO11/1101
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
Wanjina-Wunggurr (Native Title) Aboriginal Corporation on behalf of its members (first native title party)
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Victor Barunga & Others on behalf of Dambimangari (second native title party)
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The State of Western Australia (government party)
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Proto Resources and Investments Ltd (grantee party)
DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS
Tribunal: President Graeme Neate
Place: Brisbane
Date of dismissal: 17 July 2012
Date of reasons: 20 July 2012
Catchwords: Native title – future act – proposed grant of exploration license – expedited procedure objection applications – excision of tenement from native title claims – tenement granted – Tribunal has no jurisdiction – objection applications dismissed
Legislation:Native Title Act 1993 (Cth) ss 29, 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
Representatives:
Native title parties: Ms Ania Maszkowski, Kimberley Land Council
Government party: Mr Clyde Lannan, Department of Mines and Petroleum
Grantee party: Ms Lydia Brisbout, McMahon Mining Title Services Pty Ltd
REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS
Background
On 18 May 2011, the State of Western Australia (“the government party”) gave notice under s. 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E04/2060 (“the proposed license”) to Proto Resources and Investments Ltd (“the grantee party”) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 13 September 2011, Wanjina-Wunggurr (Native Title) Aboriginal Corporation on behalf of its members (“the first native title party”) lodged an expedited procedure objection application with the Tribunal in relation to the proposed license (WO11/1100). The proposed licence included part of the area covered by Native Title Claim No. WC99/11 which was determined on 26 April 2007.
On 13 September 2011, Victor Barunga & Others on behalf of Dambimangari (“the second native title party”) also lodged an expedited procedure objection application with the Tribunal in relation to the proposed license (WO11/1101). The proposed licence included part of the area covered by Native Title Claim WC99/7, which was determined on 26 May 2011.
On 3 July 2012, the State of Western Australia (“the government party”) advised the Tribunal that the proposed license would be granted the week ending 13 July 2012 with the exclusion of all land which was subject to Native Title Claims WC99/11 and WC99/7.
Relevant facts
The Tribunal has decided that it does not have jurisdiction to conduct an inquiry once a tenement has been granted (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
Expedited procedure objection applications WO11/1100 and WO11/1101 are dismissed pursuant to s. 148(a) of the Native Title Act 1993 (Cth).
Graeme Neate
President
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