Albert Little & Ors on behalf of Badimia; Western Desert Lands Aboriginal Corporation / Western Australia/ Gold and Mineral Resources Pty Ltd; Laconia Resources Ltd; Antony Gene Wright

[2012] NNTTA 144

NATIONAL NATIVE TITLE TRIBUNAL

Albert Little & Ors on behalf of Badimia; Western Desert Lands Aboriginal Corporation / Western Australia/ Gold and Mineral Resources Pty Ltd; Laconia Resources Ltd; Antony Gene Wright [2012] NNTTA 144 (21 December 2012)

Applications No:  WO2012/0864; WO2012/0865; WO2012/0375; WO2011/1179

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

- and -

IN THE MATTER of an inquiry into expedited procedure objection applications

Native title parties as listed in the attached schedule  (native title parties)

- and -

State of Western Australia  (government party)

- and –

Grantee parties as listed in the attached schedule  (grantee parties)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:                  Member Daniel O’Dea
Place:  Perth
Date:  21 December 2012

Catchwords:  Native title – future acts – proposed grant of exploration/prospecting permits – expedited procedure objection applications – applications for exploration/prospecting permits withdrawn – expedited procedure objection applications dismissed.

Legislation:Native Title Act 1993 (Cth), ss 29, 148(a)

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

[1] On the dates specified in the attached Schedule, the State of Western Australia (“the government party”) gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant various exploration/prospecting permits to the grantee parties specified therein and included in the notices a statement that it considered that the grants attracted the expedited procedure.

[2]        On the dates specified in the attached Schedule, the native title parties lodged expedited procedure objection applications with the Tribunal.

[3]        On the dates specified in the attached Schedule, the Department of Mines and Petroleum on behalf of the government party advised the Tribunal that each of the grantee parties had discontinued or withdrawn their application for an exploration/prospecting permit and as a result the matters were discontinued.

Decision

[4] The expedited procedure objection applications specified in the attached schedule are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Daniel O’Dea
Member

SCHEDULE – DETERMINATION

Tenement	Government Party Notification	Objection Application Lodged	Objection Application No.	Grantee Party	Native Title Party & Application No.	Date of Withdrawal
E59/1852	18/04/2012	13/08/2012	WO12/864	Gold and Mineral Resources Pty Ltd	Albert Little & Ors on behalf of Badimia  WC96/98	15/11/2012
E59/1853	18/04/2012	13/08/2012	WO12/865	Gold and Mineral Resources Pty Ltd	Albert Little & Ors on behalf of Badimia  WC96/98	15/11/2012
E45/3763	29/12/2011	26/04/2012	WO12/375	Laconia Resources Ltd	Western Desert Lands Aboriginal Corporation  WD02/2	27/11/2012
E69/2593	23/06/2011	13/10/2011	WO11/1179	Antony Gene Wright	Western Desert Lands Aboriginal Corporation  WD02/2	18/12/2012