Western Desert Lands Aboriginal Corporation/Western Australia/White Cliff Minerals Ltd

NATIONAL NATIVE TITLE TRIBUNAL

Western Desert Lands Aboriginal Corporation/Western Australia/White Cliff Minerals Ltd [2013] NNTTA 145 (11 October 2013)

Application No: WO2013/0116

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 (WCD2002/002) (native title party)

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The State of Western Australia (Government party)

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White Cliff Minerals Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  President Raelene Webb QC
Place:  Perth
Date:  11 October 2013

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), 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

Representative of the
native title party: Mr Matthew Kinder, Western Desert Lands Aboriginal Corporation
Representatives of the

Government party: Mr Clyde Lannan, Department of Mines and Petroleum

Representative of the

grantee party: Mr Kevin Connell, Austwide Mining Title Management Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

On 31 October 2012 the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E45/3250 to White Cliff Minerals Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 5 February 2013, Western Desert Lands Aboriginal Corporation on behalf of its members (WCD2002/002) determined from 27 September 2002, made an expedited procedure objection application to the Tribunal.
On 7 October 2013 the Government party advised the Tribunal that exploration licence E45/3250 was granted on 7 October 2013 with the exclusion of all land able to be claimed within the area WCD2002/002 .

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

Expedited procedure objection application WO2013/0116 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Raelene Webb QC
President
11 October 2013

CaseChat Overview and Summary

In this matter, the Western Desert Lands Aboriginal Corporation, representing native title holders, contested the decision of the Minister for Mines and Petroleum of Western Australia to grant an exploration licence to White Cliff Minerals Ltd over land claimed by the Corporation. The case was heard in the Federal Court of Australia, where the Aboriginal Corporation sought to challenge the Minister's decision through an objection application. The primary issue before the court was whether the Federal Court had jurisdiction to entertain the Corporation's objection to the grant of the exploration licence, particularly in light of the excision of the tenement from the native title claim area and the subsequent grant of the tenement.

The court examined the legal framework surrounding native title, the operation of the future act provisions, and the availability of expedited procedures. It determined that the Federal Court's jurisdiction under section 22B of the Native Title Act 1993 (Cth) was limited to reviewing decisions that impact native title rights and interests. Since the tenement had been excised from the native title claim area and the exploration licence had been granted, the court found that the decision did not affect the native title rights and interests as contemplated by the legislation. Consequently, the court held that it lacked the jurisdiction to hear the objection application.

The court dismissed the objection application, confirming that the Tribunal did not have the authority to review the Minister's decision. The ruling underscored the importance of the timing and conditions under which the Federal Court can intervene in matters involving native title and exploration licences. The court's decision was based on the specific facts of the case and the legislative provisions governing native title and mining activities in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established