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

[2008] NNTTA 126

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

1. 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.

2. 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.

3. On 2 September 2008 the Government party advised the Tribunal that it had withdrawn the expedited procedure statement included in the s 29 notification of 19 December 2007 in relation to the proposed licence (s 32(7) - Native Title Act).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

1. 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

1. 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