William James Warrell on behalf of Yued/Western Australia/Images Resources NL
[2004] NNTTA 42
•15 June 2004
NATIONAL NATIVE TITLE TRIBUNAL
William James Warrell on behalf of Yued/Western Australia/Images Resources NL, [2004] NNTTA 42 (15 June 2004)
Application No: WO03/468
IN THE MATTER of the Native Title Act 1993 (Cwlth)
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IN THE MATTER of an inquiry into an expedited procedure objection application
William James Warrell on behalf of Yued – (WC97/71) (native title party)
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The State of Western Australia (Government party)
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Images Resources NL (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: The Hon C J Sumner, Deputy President
Place: Perth
Date: 15 June 2004
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
On 12 February 2003, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E70/2350 to Image Resources NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 10 June 2003, William James Warrell on behalf of Yued (‘the native title party’) made an expedited procedure objection application to the Tribunal. The objection application WO03/468 related to the grant of exploration licence E70/2350.
The Government party advised the Tribunal that exploration licence E70/2350 was granted on 14 May 2004 with the exclusion of all land able to be claimed within Native Title Claim WC97/71. The Government party advised that the excisions effectively resulted in only private land and road reserves being included within the granted area.
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
The expedited procedure objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993.
The Hon C J Sumner
Deputy President
15 June 2004
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