Wanjina-Wunggurr (Native Title) Aboriginal Corporation/Western Australia/Boral Resources (WA) Ltd
[2012] NNTTA 87
•30 July 2012
NATIONAL NATIVE TITLE TRIBUNAL
Wanjina-Wunggurr (Native Title) Aboriginal Corporation/Western Australia/Boral Resources (WA) Ltd, [2012] NNTTA 87 (30 July 2012)
Applications No: WO11/990, WO11/1421
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 (native title party)
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The State of Western Australia (government party)
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Boral Resources (WA) Ltd (grantee party)
DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION
Tribunal: President Graeme Neate
Place: Brisbane
Date of dismissal: 30 July 2012
Date of reasons: 30 July 2012
Catchwords: Native title – future act – proposed grant of exploration licenses – expedited procedure objection applications – excision of proposed tenements from native title claim – tenements 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 party: 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 the dates specified on the attached schedule, 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 licences E04/2086 and E04/2120 to Boral Resources (WA) Ltd (“the grantee party”) and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On the dates specified on the attached schedule, Wanjina-Wunggurr (Native Title) Aboriginal Corporation on behalf of its members (“the native title party”) lodged expedited procedure objection applications with the Tribunal in relation to the proposed licenses E04/2086 (WO11/990) and E04/2120 (WO11/1421). The area covered by the proposed licenses included part of the area covered by Native Title Claim No. WC99/11 which was determined on 26 April 2007.
On 5 July 2012, the State of Western Australia (“the government party”) advised the Tribunal in writing that the proposed exploration licenses E04/2086 and E04/2120 would be granted during the week ending 13 July 2012 with the exclusion of all land which was subject to Native Title Claim WC99/11.
Relevant facts
The Tribunal does not have jurisdiction to conduct an inquiry once a tenement has been granted (see 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 (see 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 WO11/990 and WO11/1421 are dismissed pursuant to s. 148(a) of the Native Title Act 1993 (Cth).
Graeme Neate
President
SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS
| Tenement No. | Date of Govt. Party Notification (s29 Notice) | Objection Application No. | Date Objection Application Lodged | Grantee Party | Native Title Party | Dismissal Date |
| E04/2086 | 20/04/2011 | WO11/990 | 18/08/2011 | Boral Resources (WA) Ltd | Wanjina-Wunggurr (Native Title) Aboriginal Corporation | 30/07/2012 |
| E04/2120 | 24/08/2011 | WO11/1421 | 23/12/2011 | Boral Resources (WA) Ltd | Wanjina-Wunggurr (Native Title) Aboriginal Corporation | 30/07/2012 |
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