Western Desert Lands Aboriginal Corporation v Acclaim Exploration Nl

[2014] NNTTA 100

NATIONAL NATIVE TITLE TRIBUNAL

Western Desert Lands Aboriginal Corporation v Acclaim Exploration NL [2014] NNTTA 100 (17 October 2014)

Application No:         WO2012/0962

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

- and -

IN THE MATTER of an inquiry into expedited procedure objection application

Western Desert Lands Aboriginal Corporation(native title party)

- and -

The State of Western Australia   (Government party)

- and -

Acclaim Exploration NL   (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                   Helen Shurven
Place:  Perth
Date:  17 October 2014

Catchwords:   Native title – future act – proposed grant of prospecting license – expedited procedure objection application – non participating grantee party – tenement refused by Government party – expedited procedure objection application dismissed

Legislation:Native Title Act 1993 (Cth), ss 29, 31(1), 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 11 July 2012, 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 E45/2475 (‘the proposed tenement’) to Acclaim Exploration NL (‘the grantee party’) and included in the notice a statement that it considered the grant attracted the expedited procedure.

2. On 30 August 2012 the Western Desert Lands Aboriginal Corporation (‘the native title party’) lodged an expedited procedure objection application (WO2012/0962) in relation to the proposed tenement.

3. A number of conferences were convened by the National Native Title Tribunal (‘the Tribunal’) to move the matter towards agreement; however, the grantee party did not participate in any of those conferences.

4. On 5 April 2013, the Tribunal requested that the Department of Mines and Petroleum consider the options for resolving this matter, including refusal of the proposed tenement.

5. On 15 October 2014, the Department of Mines and Petroleum on behalf of the Government party, advised the Tribunal that tenement E45/2475 had been refused on 18 September 2014.

Decision

1. As there is no longer a future act for the Tribunal to deal with, expedited procedure objection application WO2012/0962 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member