Albert Little & Others on behalf of Badimia (WC96/98); Billy Patch on behalf of the Birriliburu Group (WC98/68); Judy Hughes & Others on behalf of the Thalanyji People (WC99/45); Wilma Freddie on behalf of the...

Case

[2002] NNTTA 164

9 August 2002


NATIONAL NATIVE TITLE TRIBUNAL

Albert Little & Others on behalf of Badimia (WC96/98); Billy Patch on behalf of the Birriliburu Group (WC98/68); Judy Hughes & Others on behalf of the Thalanyji People (WC99/45); Wilma Freddie on behalf of the Wiluna Group (WC99/24)/Western Australia/ Aurora Gold (WA) Pty Ltd; Bestbet Pty Ltd; Tyson Resources Pty Ltd, Wakeford Holdings Pty Ltd, [2002] NNTTA 164 (9 August 2002)

Application Nos:      WO01/490, WO01/617, WO02/182, WO02/183

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

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IN THE MATTER of an inquiries into expedited procedure objection applications

Applications are listed in the attached Schedule

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:       Hon C J Sumner
Place:             Perth
Date:              9 August 2002

Catchwords:  Native title – future acts – proposed grant of mining tenements – expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

  1. On the dates specified in the attached Schedule, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant certain mining tenements to the grantee parties specified therein and included in the notices a statement that it considered that the grants attracted the expedited procedure.

  1. On the dates specified in the attached Schedule the native title parties made expedited procedure objection applications to the Tribunal.

  1. The Department of Mineral and Petroleum Resources on behalf of the Government party has advised the Tribunal that each of the applications specified in the attached Schedule were discontinued.

Decision

  1. The objection applications specified in the attached Schedule are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
9 August 2002

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS

Note: Objection Application Numbers italicised indicates other tenements associated that have not been withdrawn

Tenement No. Date of Govt. Party Notification Objection Application No. Date Objection Application Lodged Grantee Party/ies Native Title Party & Linked Claimant Application No. Date Tenement Withdrawn or Discontinued
E59/1032 11/07/2001 WO01/490 04/10/2001 Tyson Resources Pty Ltd, Wakeford Holdings Pty Ltd Albert Little & Others on behalf of Badimia (WC96/98) 11/07/2002
E08/1261 14/11/2001 WO01/617 20/11/2001 Aurora Gold (WA) Pty Ltd Judy Hughes & Others on behalf of the Thalanyji People (WC99/45) 31/05/2002
E69/1769 06/03/2002 WO02/182 19/04/2002 Bestbet Pty Ltd Billy Patch on behalf of the Birriliburu Group (WC98/68) 02/07/2002
E69/1769 06/03/2002 WO02/183 19/04/2002 Bestbet Pty Ltd Wilma Freddie on behalf of the Wiluna Group (WC99/24) 02/07/2002