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

[2003] NNTTA 65

NATIONAL NATIVE TITLE TRIBUNAL

Wilma Freddie on behalf of Wiluna group/Western Australia/Newmont Wiluna Gold Pty Ltd, [2003] NNTTA 65 (15 April 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 REINSTATE OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner
Place:             Perth
Date:              15 April 2003

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

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

REASONS FOR DECISION TO REINSTATE 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. The Department of Industry and Resources on behalf of the Government party  advised the Tribunal on 22 January 2003, that amalgamation ME1/23 into exploration licence application AM-E53/609 made by Newmont Wiluna Gold Pty Ltd was discontinued.

4. On 17 March 2003, the objection application was dismissed.  On 24 March 2003, the Tribunal was advised by the grantee party that the amalgamation application had not in fact lapsed.  Subsequent investigations with the Department of Industry and Resources have shown that the amalgamation application has remained current at all times and is still active. 

5. Section 149A of the Native Title Act 1993 (Cth) states:

   ‘If it appears to the Tribunal that an application has been dismissed in error, the Tribunal may, on the application of a party to the application or on its own initiative, reinstate the application and give such directions as appear to it to be appropriate in the circumstances.’

6. Given that the amalgamation application remained active at all times, including at the time of the dismissal decision on 17 March 2003, I consider that the application was dismissed in error and can be reinstated as set out in s 149A. None of the parties have applied to have the objection application reinstated, but s 149A provides for the Tribunal to reinstate on its own initiative.

Decision

1. The objection application is reinstated pursuant to s 149A of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
15 April 2003