Wilma Freddie (WC98/68)/Western Australia/Astro Mining NL

[2000] NNTTA 369

NATIONAL NATIVE TITLE TRIBUNAL

Wilma Freddie (WC98/68)/Western Australia/Astro Mining NL, [2000] NNTTA 369 (18 December 2000)

Application No:        WO99/892

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

- and -

IN THE MATTER of an inquiry into an expedited procedure objection application

Wilma Freddie (WC98/68) (native title party)

- and -

The State of Western Australia (Government party)

- and -

Astro Mining NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              18 December 2000

Catchwords: Native title – future act – proposed grant of exploration licence – expedited procedure objection application – grant made with exclusion of area covered by the claim - Tribunal has no jurisdiction – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

On 15 December 1999 the Government party gave notice of its intention to grant exploration licence E69/1502 to Astro Mining NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 20 December 1999 Wilma Freddie (‘the native title party’) made an expedited procedure

objection application to the Tribunal (Claim WC98/068).

On 7 December 2000 the Government party advised the Tribunal that exploration licence E69/1502 was granted on 5 December 2000 with the exclusion of all land within Claim WC98/068.

The Tribunal has decided that it does not have jurisdiction to conduct an inquiry once a grant has been made (David Daniel & Ors/Western Australia/Raymond JT Butler and Stanley A MacDonald, NNTT WO99/197, Hon CJ Sumner).  Further, in this case the grant was not a future act as native title was not affected (Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, Hon CJ Sumner).

Decision

The expedited procedure objection application is dismissed pursuant to section 148(a) of the Native Title Act 1993 (as amended).

The Hon CJ Sumner
Deputy President

18 December 2000