Wilma Freddie & Others on behalf of the Wiluna Native Title Claimants/Western Australia/Eagle Nickel Limited

[2009] NNTTA 2

NATIONAL NATIVE TITLE TRIBUNAL

Wilma Freddie & Others on behalf of the Wiluna Native Title Claimants/Western Australia/Eagle Nickel Limited, [2009] NNTTA 2 (12 January 2009)

Application No:              WO08/659

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

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The State of Western Australia (Government party)

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Eagle Nickel Limited (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  12 January 2009

Catchwords:  Native title – future act – proposed grant of exploration licence - expedited procedure objection application – withdrawal of expedited procedure statement – Tribunal has no jurisdiction – objection application dismissed.

Legislation:    Native Title Act 1993 (Cth) s 148(a)

Representative of the     

native title party:            Ms Michelle Alexander, Central Desert Native Title Services

Representative of the     

Government party:         Mr Greg Abbott, Department of Mines and Petroleum

Representative of the     Mr Ian Shipton,

grantee party:                 Hetherington Exploration & Mining Title Services Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 23 April 2008, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E38/2115 to Eagle Nickel Limited (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 15 August 2008, Wilma Freddie & Others on behalf of the Wiluna Native Title Claimants (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. On 24 December 2008 the Government party advised the Tribunal that it had withdrawn the expedited procedure statement in relation to the proposed licence (s 32(7) - Native Title Act).

Conclusion

1. The Tribunal has no jurisdiction to conduct an inquiry as the Government party no longer considers the act to be one that attracts the expedited procedure.

Decision

1. The expedited procedure objection application WO08/659 is dismissed pursuant to s 148(a) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President

12 January 2009