Wanjina-Wunggurr (Native Title) Aboriginal Corporation on behalf of its Members/Western Australia/Quaalup Investments Pty Ltd
[2008] NNTTA 33
•19 March 2008
NATIONAL NATIVE TITLE TRIBUNAL
Wanjina-Wunggurr (Native Title) Aboriginal Corporation on behalf of its Members/Western Australia/Quaalup Investments Pty Ltd, [2008] NNTTA 33 (19 March 2008)
Application No: WO07/1280
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
Wanjina-Wunggurr (Native Title) Aboriginal Corporation on behalf of its Members (WD04/2 (WC99/11)) (native title party)
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The State of Western Australia (Government party)
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Quaalup Investments Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date: 19 March 2008
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
On 1 August 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E80/3848 to Quaalup Investments Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 13 November 2007, Wanjina-Wunggurr (Native Title) Aboriginal Corporation on behalf of its Members (‘the native title party’) made an expedited procedure objection application to the Tribunal.
On 17 March 2008, the Government Party advised the Tribunal that exploration licence E80/3848 was granted on 25 February 2008 with the exclusion of all land the subject of the determination of native title made by the Federal Court in relation to Native Title Claim WC99/11.
Relevant Facts
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
19 March 2008
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