Wilma Freddie & Others on behalf of Wiluna/Western Australia/Echo Resources Ltd

[2011] NNTTA 185

NATIONAL NATIVE TITLE TRIBUNAL

Wilma Freddie & Others on behalf of Wiluna/Western Australia/Echo Resources Ltd, [2011] NNTTA 185 (14 October 2011)

Application Nos:      WO10/254, WO10/255, WO10/256, WO10/257, WO10/258, WO10/259, WO10/260, WO10/261, WO10/262, WO10/263, WO10/264, WO10/265, WO10/266, WO10/267, WO10/268, WO10/269, WO10/270, WO10/271, WO10/272

IN THE MATTER of the Native Title Act1993 (Cth)

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IN THE MATTER of an inquiry into expedited procedure objection applications

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

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The State of Western Australia (Government party)

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Echo Resources Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  14 October 2011

Catchwords:  Native title – future acts – proposed grant of exploration and prospecting licenses – expedited procedure objection applications – Government party refuse tenement applications – Tribunal has no jurisdiction – objection applications dismissed

Legislation:Native Title Act1993 (Cth), ss 29, 148(a)

Mining Act 1978 (WA), s 111A

Representative of the     

native title party:            Ms Irene Assumpter Akumu, Central Desert Native Title Services

Representative of the     

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

Representative of the     

grantee party:                 Mr Ernst Kohler, Echo Resources Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 4 November 2009, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences E53/1375 (WO10/254), E53/1428 (WO10/255) and E53/1490 (WO10/256) and prospecting licenses P53/1445 (WO10/257), P53/1446 (WO10/258), P53/1447 (WO10/259), P53/1448 (WO10/260), P53/1449 (WO10/261), P53/1450 (WO10/262), P53/1451 (WO10/263), P53/1452 (WO10/264), P53/1453 (WO10/265), P53/1454 (WO10/266), P53/1455 (WO10/267), P53/1456 (WO10/268), P53/1457 (WO10/269), P53/1458 (WO10/270), P53/1459 (WO10/271) and P53/1460 (WO10/272) to Echo Resources Ltd (the grantee party) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 25 February 2010, Wilma Freddie & Others on behalf of Wiluna (WC99/24 – registered from 24 September 1999) (the native title party) made expedited procedure objection applications to the Tribunal in relation to the proposed exploration and prospecting licences.

3. On 15 March 2010, the Tribunal made directions for all parties to produce contentions and evidence for the conduct of the inquiry to determine whether or not the expedited procedure was attracted.  These directions allowed a four month period from the closing date for objections to allow the parties to negotiate to see if the objection could be resolved by consent.

4. As a consequence of the failure of the grantee party to participate in Tribunal conferences relating to the objections, these matters were placed into the non-participating grantee party list on 6 August 2010.

5. As a result of the failure of the grantee party to participate in the Tribunal’s processes, on 15 September 2011 the Department of Mines and Petroleum, on behalf of the Government Party, advised the Tribunal that the above exploration and prospecting licence applications had been refused under s 111A of the Mining Act.  As there is now no proposal to do the future acts the Tribunal no longer has jurisdiction to deal with the objection applications.

Decision

1. Expedited procedure objection applications WO10/254, WO10/255, WO10/256, WO10/257, WO10/258, WO10/259, WO10/260, WO10/261, WO10/262, WO10/263, WO10/264, WO10/265, WO10/266, WO10/267, WO10/268, WO10/269, WO10/270, WO10/271 and WO10/272 are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
14 October 2011