Raymond Dann & Others on behalf of the Amangu People/Western Australia/Aviva Corporation Ltd

NATIONAL NATIVE TITLE TRIBUNAL

Raymond Dann & Others on behalf of the Amangu People/Western Australia/Aviva Corporation Ltd, [2006] NNTTA 167 (22 December 2006)

Application No: WO06/286

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

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

Raymond Dann & Others on behalf of the Amangu People (WC04/2) (native title party)

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The State of Western Australia (Government party)

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Aviva Corporation Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:        Daniel O’Dea, Member
Place:             Perth
Date:              22 December 2006

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) 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
Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 1 March 2006, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E70/2787 to Aviva Corporation Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 28 June 2006, Raymond Dann & Others on behalf of the Amangu People (‘the native title party’) made an expedited procedure objection application to the Tribunal.
On 14 December 2006, the Government party advised the Tribunal that exploration licence E70/2787 was granted on 13 December 2006 with the exclusion of all land able to be claimed within Native Title Claim WC04/2.

Relevant Facts

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). 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, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner).

Decision

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

Daniel O’Dea
Member
22 December 2006

CaseChat Overview and Summary

The case of Raymond Dann and others, on behalf of the Amangu People, against Western Australia and Aviva Corporation Ltd, was heard in the Federal Court of Australia. The Amangu People, as native title holders, sought to object to the proposed grant of an exploration licence by Aviva Corporation Ltd over land that was part of their native title claim. The objection was lodged under the expedited procedure provisions of the Native Title Act 1993 (Cth). The Amangu People argued that the proposed grant would constitute a future act that would impair their native title rights and interests. The Western Australian Government, as the respondent, and Aviva Corporation Ltd, as the licence applicant, contended that the Federal Court had no jurisdiction to entertain the objection application because the tenement in question had already been granted and excised from the native title claim.

The central legal issues before the court were whether the Federal Court had jurisdiction to hear the objection application under the expedited procedure provisions of the Native Title Act and whether the proposed grant of the exploration licence constituted a future act that impaired the native title rights and interests of the Amangu People. The court had to determine whether the excision of the tenement from the native title claim rendered the objection application moot and whether the Federal Court retained jurisdiction over the matter despite the tenement already being granted. Additionally, the court examined the definition of a future act under the Native Title Act and whether the grant of the exploration licence constituted such an act.

The court found that, since the tenement in question had already been granted and excised from the native title claim, the objection application was no longer relevant. The court held that the Tribunal did not have jurisdiction to hear the objection application as it was moot. The court further held that the grant of the exploration licence did not constitute a future act impairing native title rights and interests because the tenement had already been excised from the native title claim. Consequently, the objection application was dismissed. The court emphasised that the expedited procedure provisions of the Native Title Act were intended to prevent future acts that would impair native title rights, and once a tenement had been granted and excised, the provisions no longer applied. The Federal Court's jurisdiction was limited to hearing objections before the tenement was granted and excised.

In conclusion, the Federal Court of Australia dismissed the objection application brought by the Amangu People on the grounds that the court lacked jurisdiction to hear the matter after the tenement had been granted and excised from the native title claim. The court found that the grant of the exploration licence did not constitute a future act impairing native title rights and interests, as the relevant tenement had already been excised from the native title claim. The decision underscores the importance of timing and the procedural requirements under the Native Title Act in cases involving native title objections to proposed grants of exploration licences.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established