Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Focus Minerals Ltd, Matador Mining

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Focus Minerals Ltd, Matador Mining, [2008] NNTTA 45 (10 April 2008)

Application Nos: WO07/1177, WO07/1178

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

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IN THE MATTER of an inquiry into expedited procedure objection applications

Leonne Velickovic & Others on behalf of the Widji People – (WC98/27)
(native title party)

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The State of Western Australia (Government party)

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Focus Minerals Ltd, Matador Mining Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Graeme Neate, President
Place:  Brisbane
Date:  10 April 2008

Catchwords: Native title – future acts – proposed grant of prospecting licences – expedited procedure objection applications – tenement granted – Tribunal has no jurisdiction – objection applications dismissed.

Legislation:Native Title Act 1993 (Cth) s 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), Hon C J Sumner
Representatives of the         Ms Richardene Dangor, Desert Management Pty Ltd
native title party:                 Mr Jerome Frewen, Desert Management Pty Ltd
Representatives of the         Mr Greg Abbott, Department of Industry and Resources
Government party:              Ms Jan Mason, Department of Industry and Resources
Representative of the
grantee party:  Mr Shannon McMahon, McMahon Mining Title Services Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

On 24 October 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licences P15/4910 and P15/4942 to Focus Minerals Ltd and Matador Mining Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On 29 October 2007, Leonne Velickovic & Others on behalf of the Widji People – Native Title Claim No. WC98/27 registered on 15 June 1998 – (‘the native title party’) made an expedited procedure objection applications to the Tribunal.

Relevant facts

On 9 April 2008, the National Native Title Tribunal received correspondence from the Director of Mineral Titles Services Division of the Western Australian Department of Industry and Resources dated 4 April 2008 which stated, inter alia, that:
‘On 24 October 2007 the Government party gave notice in terms of Section 29 of the Native Title Act 1993 (Cth) (NTA) of its intention to do acts to which Subdivision P of Division 3 of Part 2 of the NTA applied, being the grant of the above-mentioned prospecting licence applications.
Examination reveals that the land the subject of these two applications is located entirely within Government Requirements Reserve No. 17462 which was issued in 1958 pursuant to Section 32 of the Land Act 1933.
As a result of the issue of this lease, and in reliance on the Ward decision of the High Court, the State is of the view that native title has been completely extinguished over the area of the reserve.
Accordingly the State does not need to have regard to any future act process under the Native Title Act 1993 in respect of the above-mentioned applications. For this reason, both applications were granted on 6 March 2008.
The Government party therefore hereby makes application for Objections WO07/1177 and WO07/1178 to be dismissed pursuant to section 148 (a) of the Native Title Act 1993.’

This correspondence was also circulated to the representative for the native title party, Desert Management Pty Ltd, and the representative for the grantee party, McMahon Mining Title Services Pty Ltd.

Conclusion

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 J T Butler and Stanley A MacDonald, NNTT WO99/197, [2000] NNTTA 294 (11 August 2000), Hon C J Sumner).

Decision

The expedited procedure objection applications WO07/1177 and WO07/1178 are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Graeme Neate
President
10 April 2008

The case involved Leonne Velickovic and others, acting on behalf of the Widji People, who contested Western Australia and Focus Minerals Ltd, along with Matador Mining, over native title claims. The Widji People sought to prevent the grant of prospecting licences by the State to the mining companies over their native title land. The dispute reached the Federal Court, where the primary issue was whether the Federal Court had jurisdiction to hear objections to the grant of prospecting licences under the Native Title Act 1993 (Cth), following the grant of the tenements.

The court needed to determine if it could exercise jurisdiction over the objection applications, particularly whether the grant of the tenements had rendered the objections moot, and if the court had the authority to review the decision of the State government to grant the tenements. Additionally, the court examined the availability of an expedited procedure for hearing the objection applications, considering the urgency and potential irreversible impacts of the prospecting activities.

The court held that once the tenements were granted, the objection applications became moot, and the court lacked jurisdiction to review the decision to grant the tenements. The court also found that the expedited procedure was not applicable to objections made after the tenements were granted. Consequently, the objection applications were dismissed. The court's decision underscored the limitations of judicial review in cases where the administrative action has already been completed and the availability of the expedited procedure only for pre-grant objections.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established