Wilfred Goonack & Others on behalf of the Uunguu People/Western Australia/BHP Billiton Minerals Pty Ltd

[2006] NNTTA 94

NATIONAL NATIVE TITLE TRIBUNAL

Wilfred Goonack & Others on behalf of the Uunguu People/Western Australia/BHP Billiton Minerals Pty Ltd, [2006] NNTTA 94 (26 July 2006)

Application No:        WO05/870

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

- and -

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

Wilfred Goonack & Others on behalf of the Uunguu Native Title Claimants (WC99/35) (native title party)

- and -

The State of Western Australia (Government party)

- and -

BHP Billiton Minerals Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon C J Sumner, Deputy President
Place:             Perth
Date:              26 July 2006

Catchwords:  Native title – future acts – proposed grant of exploration licences – expedited procedure objection application – expedited procedure statement is withdrawn – Tribunal has no jurisdiction – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 7 September 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences 80/3457 and 80/3458 (‘the proposed licences’) to BHP Billiton Minerals Pty Ltd and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 13 December 2005, Wilfred Goonack & Others on behalf of the Uunguu Native Title Claimants made an expedited procedure objection application to the Tribunal.

3. The Government party has now advised that it has withdrawn the expedited procedure statement included in the s 29 notification of 7 September 2005, in relation to the proposed licences (s 32(7) - Native Title Act).

Conclusion

1. The Tribunal has no jurisdiction to conduct an inquiry as the Government party no longer considers the acts to be ones which attract the expedited procedure.

Decision

1. The expedited procedure objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner

Deputy President
26 July 2006