Wilma Freddie & Ors on Behalf of Wiluna/Western Australia/Enterprise Metals Limited

[2013] NNTTA 76

NATIONAL NATIVE TITLE TRIBUNAL

Wilma Freddie & Ors on behalf of Wiluna/Western Australia/Enterprise Metals Limited

[2013] NNTTA 76 (26 June 2013)

Application No:              WO2011/1115

IN THE MATTER of the Native Title Act1993 (Cth)

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

Wilma Freddie & Ors on behalf of Wiluna      (native title party)

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The State of Western Australia   (Government party)

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Enterprise Metals Limited       (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Member Helen Shurven
Place:  Perth
Date:  26 June 2013

Catchwords:  Native title – future act – proposed grant of exploration 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) ss 29, 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

Representative of the  

native title party:            Ms Irene Assumpter Akumu, Central Desert Native Title Services Limited

Representative of the     

Government party:         Mr Matthew Smith, Department of Mines and Petroleum

Representative of the     

grantee party:                 Mr Greg Abbott, M & M Walter Consulting

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 1 June 2011 the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E69/2636 to Enterprise Metals Limited (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 30 September 2011, Wilma Freddie & Ors on behalf of Wiluna (WC1999/0024) registered from 24 September 1999, made an expedited procedure objection application to the Tribunal.

3. On 12 June 2013 the Government party advised the Tribunal that exploration licence E69/2636 was granted on 23 May 2013 with the exclusion of all land able to be claimed within the Wiluna native title claim area.

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. Expedited procedure objection application WO2011/1115 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member