Wilma Freddie and Others on behalf of the Wiluna Native Title Claimants/Western Australia/Australian Metals Corporation Pty Ltd, Hunter Resources Pty Ltd, Eagle Mining Pty Ltd

Case •

[2008] NNTTA 166

•

19 December 2008

NATIONAL NATIVE TITLE TRIBUNAL

Wilma Freddie and Others on behalf of the Wiluna Native Title Claimants/Western Australia/Australian Metals Corporation Pty Ltd, Hunter Resources Pty Ltd, Eagle Mining Pty Ltd, [2008] NNTTA 166 (19 December 2008)

Application No:          WO08/775

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

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

Wilma Freddie and Others on behalf of the Wiluna Native Title Claimants – (WC99/24) (native title party)

- and -

The State of Western Australia (Government party)

- and -

Australian Metals Corporation Pty Ltd, Hunter Resources Pty Ltd, Eagle Mining Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  19 December 2008

Catchwords:  Native title – future act – proposed grant of prospecting 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) s 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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

  1. On 4 June 2008, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licence P53/1312 to Australian Metals Corporation Pty Ltd, Hunter Resources Pty Ltd and Eagle Mining Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  2. On 26 September 2008, Wilma Freddie and Others on behalf of the Wiluna Native Title Claimants – Native Title Claim No WC99/24 – registered from 24 September 1999 (‘the native title party’) made an expedited procedure objection application to the Tribunal.

  3. On 11 December 2008, the Government party advised the Tribunal that prospecting licence P53/1312 was granted on 4 December 2008 with the exclusion of all land able to be claimed within Native Title Claim WC99/24.

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. The expedited procedure objection application WO08/775 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
19 December 2008

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