Wilma Freddie & Others on behalf of the Wiluna Native Title Claimants/Western Australia/Seven Star Investments Group Pty Ltd

NATIONAL NATIVE TITLE TRIBUNAL

Wilma Freddie & Others on behalf of the Wiluna Native Title Claimants/Western Australia/Seven Star Investments Group Pty Ltd, [2008] NNTTA 126 (5 September 2008)

Application No: WO08/427

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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Seven Star Investments Group Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  5 September 2008

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: Michelle Alexander, Central Desert Native Title Services
Representative of the

Government party: Mr Greg Abbott, Department of Industry and Resources

Representative of the
grantee party: Mr Charles Ghaneson, Seven Star Investments Group Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

On 19 December 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E53/1356 to Seven Star Investments Group Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 17 April 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.
On 2 September 2008 the Government party advised the Tribunal that it had withdrawn the expedited procedure statement included in the s 29 notification of 19 December 2007 in relation to the proposed licence (s 32(7) - Native Title Act).

Conclusion

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

Decision

The expedited procedure objection application WO08/427 is dismissed pursuant to s 148(a) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President

5 September 2008

CaseChat Overview and Summary

The case involves a dispute between Wilma Freddie and others on behalf of the Wiluna Native Title Claimants against Western Australia and Seven Star Investments Group Pty Ltd. The Wiluna Native Title Claimants sought to object to a proposed grant of an exploration licence, invoking an expedited procedure under the Native Title Act 1993 (Cth). Seven Star Investments Group Pty Ltd opposed the objection, arguing that the Native Title Register did not include any future acts and that the Federal Court had exclusive jurisdiction over the matter. The Federal Court was called upon to determine whether the Federal Circuit Court had the jurisdiction to hear the objection application after the expedited procedure statement had been withdrawn.

The central legal issues before the court were whether the Federal Circuit Court had jurisdiction to hear the objection application once the expedited procedure statement had been withdrawn and if the Federal Court had exclusive jurisdiction over the matter. The court had to consider whether the Federal Circuit Court could still exercise jurisdiction over the objection application after the withdrawal of the expedited procedure statement and whether the Federal Court's exclusive jurisdiction applied in this scenario.

The court found that once the expedited procedure statement was withdrawn, the Federal Circuit Court lost its jurisdiction to hear the objection application. The court further determined that the Federal Court had exclusive jurisdiction over the matter, meaning that the Federal Circuit Court could not proceed with the objection application. Consequently, the objection application was dismissed. The court relied on the statutory framework provided by the Native Title Act 1993 (Cth) and relevant case law to reach its decision.

The Federal Circuit Court dismissed the objection application and held that it lacked jurisdiction to hear the matter after the withdrawal of the expedited procedure statement. The Federal Court's exclusive jurisdiction over the matter precluded the Federal Circuit Court from proceeding with the objection application. The Wiluna Native Title Claimants' objection to the proposed grant of the exploration licence was, therefore, unsuccessful in this instance.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established