Yindjibarndi Aboriginal Corporation on behalf of its members/Western Australia/Platina Resources Ltd

[2008] NNTTA 144

NATIONAL NATIVE TITLE TRIBUNAL

Yindjibarndi Aboriginal Corporation on behalf of its members/Western Australia/Platina Resources Ltd, [2008] NNTTA 144 (27 October 2008)

Application No:                 WO08/426

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

Yindjibarndi Aboriginal Corporation on behalf of its members – (WC99/14) (native title party)

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The State of Western Australia (Government party)

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Platina Resources Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  27 October 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:              Mr Michael Woodley, Juluwarlu Group Aboriginal Corporation

Representative of the

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

Representative of the        Ms Chantelle Keppie,

grantee party:  Hetherington Exploration & Mining Title Services 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 E47/1799 to Platina Resources 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, Yindjibarndi Aboriginal Corporation on behalf of its members (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. On 17 October 2008 the Government party advised the Tribunal that it had withdrawn the expedited procedure statement included in the s 29 notification of 19 December 2007 in relation to the proposed licence (s 32(7) - Native Title Act).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 WO08/426 is dismissed pursuant to s 148(a) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President

27 October 2008