Wilma Freddie & Others on behalf of the Wiluna Native Title Claimants/Western Australia/Northsun Resources Pty Ltd

[2008] NNTTA 106

NATIONAL NATIVE TITLE TRIBUNAL

Wilma Freddie & Others on behalf of the Wiluna Native Title Claimants/Western Australia/Northsun Resources Pty Ltd, [2008] NNTTA 106 (11 August 2008)

Application Nos:                   WO07/1315, WO07/1320, WO07/1321

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

IN THE MATTER of an inquiry into expedited procedure objection applications

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 -

Northsun Resources Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Member Neville MacPherson
Place:               Perth
Date:  11 August 2008

Catchwords:  Native title – future acts – proposed grant of exploration licences - expedited procedure objection applications – statement that the acts attract the expedited procedure withdrawn by Government party – objection applications dismissed pursuant to s 148(a) of the Native Title Act.

Legislation:    Native Title Act 1993 (Cth) ss 32(7), 148(a)

Hearing Date:           17 July 2008

Representative of the

native title party:                 Ms Michelle Alexander

Representative of the

Government party:              Mr Greg Abbott

Representative of the

grantee party:  Mr Alf Valentine

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On the following dates the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant certain exploration licences to Northsun Resources Pty Ltd (the grantee party) and included in the notices a statement that it considered that the grants attracted the expedited procedure:

   ·1 August 2007 – exploration licences E38/2063 & E38/2064

   ·15 August 2007 – exploration licence E53/1339

2. On 26 November 2007, Wilma Freddie and Others on behalf of the Wiluna Native Title Claimants (the native title party) made expedited procedure objection applications to the Tribunal in relation to E38/2063, E38/2064 and E53/1339.

Relevant Facts

1. On 8 January 2008 all matters were scheduled for a preliminary conference. At that time it was established that the native title party representative had sent an Alternative Heritage Agreement to the grantee party representative for consideration. However, at the adjourned preliminary conference on 12 February 2008 the grantee party representative stated that the grantee party was not willing to sign the Alternative Heritage Agreement but instead wanted to proceed to inquiry.

2. In accordance with standard practice in expedited procedure matters, upon lodgement of the objections the Tribunal gave directions to parties to provide contentions and evidence for an inquiry to determine whether or not the expedited procedure is attracted. On 13 February 2008 Deputy President Sumner approved a request to amend those directions so that directions for all three matters were aligned.  I made further amendments to the directions dates on 29 April 2008 and a Listing Hearing was scheduled for 17 July 2008

3. At the Listing Hearing on 17 July 2008 the Government party advised that it no longer considered that the expedited procedure applied to the proposed future acts and withdrew its statement that they attracted the expedited procedure (s 32(7) NTA) on the 23 July 2008.

Decision

1. As there is now no assertion that the expedited procedure is attracted the Tribunal has no jurisdiction to conduct an inquiry and the objection applications are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Member MacPherson
11 August 2008