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

[2012] NNTTA 79

NATIONAL NATIVE TITLE TRIBUNAL

Wilma Freddie & Others on behalf of the Wiluna Native Title Claimants/Western Australia/Phosphate Australia Limited, [2012] NNTTA 79 (10 July 2012)

Application No:                    WO11/999

IN THE MATTER of the Native Title Act 1993 (Cth)

- and -

IN THE MATTER of an inquiry into expedited procedure objection application

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

- and -

State of Western Australia (government party)

- and –

Phosphate Australia Limited (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:                  Ms Helen Shurven
Place:  Perth
Date:  10 July 2012

Catchwords:  Native title – future act – proposed grant of exploration license – expedited procedure objection application – application for exploration license withdrawn – expedited procedure objection application dismissed.

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

Representatives of the     Ms Tessa Hermann and Ms Irene Assumpter Akumu

native title party:             Central Desert Native Title Services Limited

Representatives of the    Mr D McCloskey and Ms H Stapp, State Solicitor’s Office

Government party:         Mr Clyde Lannan, Department of Mines and Petroleum

Representatives of the     Mr Steve Milner, Austwide Mining Title Management Pty Ltd

grantee party:  Ms Claire Hornsby, Austwide Mining Title Management Pty Ltd

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

1. On 4 May 2011, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of its intention to grant exploration license E53/1599 (‘the proposed license’) to Phosphate Australia Limited (‘the grantee party’) and included in the notice a statement that it considered the grant attracted the expedited procedure (that is, one which can be done without the normal negotiations required by s 31 of the Act).

2. On 30 August 2011, the Wiluna Native Title Claimants (‘the native title party’) made an expedited procedure objection application to the National Native Title Tribunal (‘the Tribunal’) in respect to the proposed license.

3. At the adjourned status conference held on 21 December 2011 for the expedited procedure objection application, the grantee party advised that the terms of the agreement offered by the native title party were unacceptable and requested the matter proceed to inquiry. Following a number of extensions to directions, all parties lodged their contentions and evidence with the Tribunal by 17 May 2012 and agreed that the inquiry could be conducted ‘on the papers’ without further hearing.

4. On 25 May 2012, I was appointed as the Member for the purpose of conducting the inquiry.

5. On 2 July 2012, the Department of Mines and Petroleum on behalf of the Government party advised the Tribunal that the grantee party had withdrawn their application for the proposed license on 21 June 2012. As a result the inquiry process was discontinued as I was satisfied that the jurisdiction of the Tribunal had ceased in relation to the proposed license, and as such, the Tribunal was not entitled to deal with the application, as per s 148(a) of the Act.

Decision

1. The expedited procedure objection application WO11/999 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member
10 July 2012