Wintawari Guruma Aboriginal Corporation on behalf of Eastern Guruma/Western Australia/Giralia Resources NL

[2013] NNTTA 28

NATIONAL NATIVE TITLE TRIBUNAL

Wintawari Guruma Aboriginal Corporation on behalf of Eastern Guruma/Western Australia/Giralia Resources NL [2013] NNTTA 28 (20 March 2013)

Application No:              WO2011/0493

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

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

Wintawari Guruma Aboriginal Corporation
on behalf of Eastern Guruma   (native title party)

- and -

The State of Western Australia   (Government party)

- and -

Giralia Resources NL   (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Member Helen Shurven
Place:  Perth
Date:  20 March 2013 (Corrigendum Dated 6 May 2013)

CORRIGENDUM

Correction to the Future Act Determination made on 20 March 2013, where in the citation at page 1 the date ’20 March 2012’ should be replaced with ’20 March 2013’.

Helen Shurven
Member
6 May 2013

NATIONAL NATIVE TITLE TRIBUNAL

Wintawari Guruma Aboriginal Corporation on behalf of Eastern Guruma/Western Australia/Giralia Resources NL [2013] NNTTA 28 (20 March 2012)

Application No:              WO2011/0493

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

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

Wintawari Guruma Aboriginal Corporation
on behalf of Eastern Guruma   (native title party)

- and -

The State of Western Australia   (Government party)

- and -

Giralia Resources NL   (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Member Helen Shurven
Place:  Perth
Date:  20 March 2013

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection application – excision of tenement from native title claim – tenement granted – Tribunal has no jurisdiction – objection application dismissed

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

Cases:David Daniel & Ors/Western Australia/Raymond J T Butler and Stanley A MacDonald, NNTT WO99/197, [2000] NNTTA 294 (11 August 2000)

Representative of the  

native title party:            Mr Jerome Frewen, Desert Management Pty Ltd

Representative of the     

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

Representative of the     

grantee party:                 Ms Iva Morrell, McMahon Mining Title Services Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 20 April 2011 the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E47/2136 to Giralia Resources NL and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 15 April 2011, Wintawari Guruma Aboriginal Corporation on behalf of Eastern Guruma (WCD2007/001) determined from 1 March 2007, made an expedited procedure objection application to the Tribunal.

3. On 19 March 2013 the Government party advised the Tribunal that exploration licence E47/2136 was granted on 28 February 2013 with the exclusion of all land able to be claimed within Determined Area WCD2007/001.

4. The Tribunal does not have jurisdiction to conduct an inquiry once a grant has been made (David Daniel & Ors/Western Australia/Raymond J T Butler and Stanley A MacDonald, NNTT WO99/197, [2000] NNTTA 294 (11 August 2000), Hon C J Sumner).

Decision

1. Expedited procedure objection application WO2011/0493 in relation to E47/2136 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
MEMBER