Western Desert Lands Aboriginal Corporation/Western Australia/Spitfire Australia (SWW) Pty Ltd

[2014] NNTTA 31

NATIONAL NATIVE TITLE TRIBUNAL

Western Desert Lands Aboriginal Corporation/Western Australia/Spitfire Australia (SWW) Pty Ltd [2014] NNTTA 31 (21 March 2014)

Application No:              WO2012/0974

IN THE MATTER of the Native Title Act1993 (Cth)

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

Western Desert Lands Aboriginal Corporation   (native title party)

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The State of Western Australia   (Government party)

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Spitfire Australia (SWW) Pty Ltd  (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Member Helen Shurven
Place:  Perth
Date:  21 March 2014

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) 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); Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997)

Representative of the  

native title party:            Mr Matthew Kinder, Western Desert Lands Aboriginal Corporation

Representative of the     

Government party:         Mr Matthew Smith, Department of Mines and Petroleum

Representative of the     

grantee party:                 Ms Iva Morrell, McMahon Mining Title Services Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 11 July 2012 the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E46/968 to Spitfire Australia (SWW) Pty Ltd and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 30 August 2012, Western Desert Lands Aboriginal Corporation (WCD2002/002) registered from 27 September 2002, made an expedited procedure objection application to the Tribunal.

3. On 20 March 2014 the Government party advised the Tribunal that exploration licence E46/968 was granted on 20 March 2014 with the exclusion of all land able to be claimed within claim area WCD2002/002.

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, as all the land capable of claim has been excluded from the grant it is not a future act as native title would not be 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. Expedited procedure objection application WO2012/0974 in relation to E46/968 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
MEMBER