Yarnangu Ngaanyatjarraku Parna (Aboriginal Corporation)/Western Australia/Minop Pty Ltd

[2008] NNTTA 123

NATIONAL NATIVE TITLE TRIBUNAL

Yarnangu Ngaanyatjarraku Parna (Aboriginal Corporation)/Western Australia/Minop Pty Ltd, [2008] NNTTA 123 (29 August 2008)

Application No:  WO07/363

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

The Yarnangu Ngaanyatjarraku Parna (Aboriginal Corporation) – (WC04/3) (native title party)

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The State of Western Australia (Government party)

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Minop Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  29 August 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

Yarnangu Ngaanyatjarraku

Parna (Aboriginal Corporation):   Mr Phil Ramsay, Central Desert Native Title Services

Representative of the

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

Representative of the

grantee party:  Mr Ross Crew, Minop Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 31 January 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E38/1888 to Minop Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 29 May 2007, the Yarnangu Ngaanyatjarraku Parna (Aboriginal Corporation) (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. On 25 August 2008 the Government party advised the Tribunal that it had withdrawn the expedited procedure statement included in the s 29 notification of 31 January 2007 in relation to the proposed licence (s 32(7) - Native Title Act).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 WO07/363 is dismissed pursuant to s 148(a) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President

29 August 2008