Wilma Freddie on behalf of Wiluna group/Western Australia/Newmont Wiluna Gold Pty Ltd

[2003] NNTTA 121

NATIONAL NATIVE TITLE TRIBUNAL

Wilma Freddie on behalf of Wiluna group/Western Australia/Newmont Wiluna Gold Pty Ltd, [2003] NNTTA 121 (3 December 2003)

Application No:        WO02/635

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

Wilma Freddie on behalf of Wiluna group (WC99/24) (native title party)

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The State of Western Australia (Government party)

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Newmont Wiluna Gold Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner
Place:             Perth
Date:              3 December 2003

Catchwords:  Native title – future act – proposed grant of amalgamation into exploration licence – expedited procedure objection application – application for amalgamation into exploration licence withdrawn – objection application dismissed in error – objection application reinstated – application for amalgamated lapsed - objection application dismissed.

Legislation: Native Title Act 1993 (Cth) ss 148(a), 29, 149A

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 16 October 2002, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant amalgamation ME1/23 into exploration licence application AM-E53/609 (‘the amalgamation application’) to Newmont Wiluna Gold Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 18 December 2002, Wilma Freddie on behalf of Wiluna group (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. On 22 January 2003, the Tribunal was advised by the Department of Industry and Resources on behalf of the Government party that amalgamation application made by the grantee party was discontinued. The Tribunal then subsequently dismissed the objection application on 17 March 2003. However, on 24 March 2003 the Tribunal was advised that the amalgamation application had not in fact lapsed and the objection application was subsequently reinstated by the Tribunal on its own initiative on 15 April 2003 in accordance with s 149A of the Native Title Act 1993.

4. On 22 April 2003 the Department of Industry and Resources on behalf of the Government party advised the Tribunal that on 10 April 2003 the amalgamation application lapsed upon the refusal of the grantee party’s application to extend the term of exploration licence 53/609.

5. The Tribunal sought advice from the grantee party’s representative on 7 July 2003 as to whether there were any appeal avenues that were being considered by the grantee party.  There was a delay in receiving a response from the grantee party’s representative due to the grantee party being in administration.

6. On 16 October 2003 the legal representative for the grantee party advised the Tribunal that the grantee party would not be pursuing the lapsed amalgamation application.

7. On 16 October 2003 the Department of Industry and Resources on behalf of the Government party advised the Tribunal that its advice of 22 April 2003 remained valid and that the lapsing of the amalgamation application could not be appealed or the amalgamation application revived.

Decision

1. There is no longer any proposal from the Government party to do a future act and accordingly the objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

The Hon C J Sumner
Deputy President
3 December 2003