Wilfred Hicks and Others on behalf of Wong-Goo-Tt-Oo/Western Australia/Fox Radio Hill Pty Ltd

NATIONAL NATIVE TITLE TRIBUNAL

Wilfred Hicks and Others on behalf of Wong-Goo-Tt-Oo/Western Australia/Fox Radio Hill Pty Ltd, [2009] NNTTA 149 (9 November 2009)

Application No: WO09/240

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

Wilfred Hicks and Others on behalf of Wong-Goo-Tt-Oo – (WC98/40) (native title party)

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The State of Western Australia (Government party)

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Fox Radio Hill Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:               4 November 2009
Date of reasons:                 9 November 2009

Catchwords: Native title – future act – proposed grant of exploration licence – expedited procedure objection application – native title claim dismissed – Tribunal has no jurisdiction – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) ss 29, 30(2), 148(a)
Cases:Dale v State of Western Australia [2009] FCA 1201
Representative of the

native title party: Ms Jackie Alexander, Kitto & Kitto Barristers & Solicitors

Representative of the Mr Greg Abbott, Department of Mines and Petroleum
Government party: Ms Claire Malavaux, Department of Mines and Petroleum

Representative of the

grantee party:

Mr Laurie Chew, Fox Radio Hill Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

On 25 February 2009, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licence E47/1269 (‘the proposed licence’) to Fox Radio Hill Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
The proposed licence is located 42 kilometres south westerly of Dampier in the Shire of Roebourne, and is 100 per cent overlapped by the registered native title claim of Wong-Goo-Tt-Oo (WC98/40 – registered from 10 July 1998), and 100 per cent overlapped by the registered native title claim of the Yaburara and Mardudhunera People (WC96/89 - registered from 1 August 1996).
On 15 April 2009, Wilfred Hicks and Others on behalf of Wong-Goo-Tt-Oo (‘the native title party’) made an expedited procedure objection application to the Tribunal in relation to the proposed licence.
On 25 May 2009, Robert Boona and Others on behalf of the Yaburara & Mardudhunera People also made an expedited procedure objection application to the Tribunal in relation to the proposed licence (WO09/332). The Yaburara & Mardudhunera Peoples’ objection is still before the Tribunal.
On 23 October 2009, the Wong-Goo-Tt-Oo native title determination application WC98/40 was dismissed in the Federal Court by Justice McKerracher in Dale v State of Western Australia [2009] FCA 1201 (23 October 2009). The application was removed from the Register of Native Title Claims on 27 October 2009.
On 4 November 2009 an adjourned status conference was convened to take submissions from the parties on whether, in view of the claim dismissal, the objection application should also be dismissed. The Government and native title parties agreed that the application should be dismissed; the grantee party representative did not attend the conference and has not responded to invitations to make submissions on the issue.
The Tribunal no longer has jurisdiction to conduct an inquiry because there is no longer any registered native title claimant (and native title party) with the right to negotiate under the Act (s 30(2)).
The Tribunal observes that the proposed licence cannot be cleared for grant in relation to native title issues until the linked objection WO09/332, relating to the Yaburara & Mardudhunera People is finalised.

Decision

Expedited procedure objection application WO09/240 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President

9 November 2009

In the case before the court, Wilfred Hicks and others, on behalf of the Wong-Goo-Tt-Oo people, sought to object to a proposed grant of an exploration licence to Fox Radio Hill Pty Ltd. The dispute centred around native title claims and whether the Federal Court had the authority to entertain the objection application under the Native Title Act 1993 (Cth). The case was heard by the Federal Court of Australia.

The central legal issue before the court was whether the objection application could proceed under the expedited procedure outlined in the Native Title Act. This required determining whether the Native Title Tribunal had jurisdiction to hear the objection, given that the native title claim had been dismissed. The court had to consider whether the dismissal of the native title claim precluded the objection application from being heard.

The court held that the objection application could not proceed under the expedited procedure as the Native Title Tribunal lacked jurisdiction. The dismissal of the native title claim meant that there were no native title rights and interests to which the objection could relate. Consequently, the court dismissed the objection application on the basis that the Tribunal had no jurisdiction to hear it.

No final orders were made in the text provided. However, the court's dismissal of the objection application suggests that the proposed exploration licence grant to Fox Radio Hill Pty Ltd was not impeded by the native title objection.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established