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

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

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.
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.
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.
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

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

CaseChat Overview and Summary

The Wintawari Guruma Aboriginal Corporation, on behalf of the Eastern Guruma, brought an objection application in the Federal Court against the proposed grant of an exploration licence by the State of Western Australia to Girialia Resources NL. The issue at the core of this case was whether the Federal Court had the jurisdiction to hear an objection application concerning the excision of a tenement from a native title claim after the tenement had already been granted. The Federal Court was required to decide if it had the authority to hear the objection application and, if so, whether the application should be dismissed or allowed.

The court analysed the statutory framework governing native title and the granting of exploration licences. It considered the provisions of the Native Title Act 1993 (Cth) and the Mining Act 1978 (WA). The court found that the Tribunal had no jurisdiction to hear the objection application once the tenement had already been granted. The court also highlighted that the objection application was essentially a challenge to the grant of the tenement, which was outside the scope of the Tribunal’s jurisdiction as it had already been finalised by the State of Western Australia. Consequently, the court dismissed the objection application and found that the Tribunal did not have the authority to hear the matter.

Ultimately, the Federal Court ruled that the objection application was dismissed. The court clarified the jurisdictional boundaries between the Federal Court, the Federal Circuit Court, and the Federal ICAC, emphasising the importance of adhering to the statutory provisions governing the processes for objecting to the grant of exploration licences. This decision underscored the significance of understanding the timing and jurisdiction of objection applications within the context of native title and mining legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established