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

[2013] NNTTA 145

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

1. 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.

2. 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.

3. 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

1. 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

1. 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