Wilfred Hicks on behalf of the Wong-goo-tt-oo People/Western Australia/ Rio Tinto Exploration Pty Ltd

[2003] NNTTA 80

NATIONAL NATIVE TITLE TRIBUNAL

Wilfred Hicks on behalf of the Wong-goo-tt-oo People/Western Australia/ Rio Tinto Exploration Pty Ltd, [2003] NNTTA 80 (9 July 2003)

Application No:        WO02/469

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

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

Wilfred Hicks on behalf of the Wong-goo-tt-oo People – (WC98/40) (native title party)

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The State of Western Australia (Government party)

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Rio Tinto Exploration Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner
Place:             Perth
Date:              9 July 2003

Catchwords:             Native title – future act – proposed grant of exploration licence - expedited procedure objection application – grant made with exclusion of area covered by claim - Tribunal has no jurisdiction – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 29 May 2002, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant E47/1168 to Rio Tinto Exploration Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 24 September 2002, Wilfred Hicks on behalf of the Wong-goo-tt-oo People (‘the native title party’) made an expedited procedure objection application to the Tribunal.

1. On 23 June 2003, the Government party advised the Tribunal that exploration licence E47/1168 was granted on 11 June 2003 with the excision of all land within Native Title Claim WC98/40.

2. 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, 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, Hon CJ Sumner).

Decision

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

The Hon C J Sumner

Deputy President

9 July 2002