Albert Little & Others on behalf of Badimia; Wilma Freddie & Others on behalf of the Wiluna Native Title Claimants/Western Australia/Noel Francis Broun, Jennifer May Healy; Bestbet Pty Ltd

Case

[2007] NNTTA 36

8 May 2007


NATIONAL NATIVE TITLE TRIBUNAL

Albert Little & Others on behalf of Badimia; Wilma Freddie & Others on behalf of the Wiluna Native Title Claimants/Western Australia/Noel Francis Broun, Jennifer May Healy; Bestbet Pty Ltd, [2007] NNTTA 36 (8 May 2007)

Application No:        WO03/429, WO07/107

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

- and -

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

Applications are listed in the attached schedule

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon C J Sumner, Deputy President
Place:             Perth
Date:              8 May 2007

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– proposed grant of mining tenements - expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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 APPLICATION

  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.

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

  3. The Department of Industry and 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
8 May 2007

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS

Tenement No. Date of Govt. Party Notification
(s29 Notice)
Objection Application No. Date Objection Application Lodged Grantee Party/ies Native Title Party & Linked Claimant Application No. Date Tenement Withdrawn or Discontinued
E59/1118 23 April 2003 WO03/429 27 May 2003 Noel Francis Broun, Jennifer May Healy Albert Little & Others on behalf of Badimia WC96/98

06/02/2007

E38/1873 11 October 2006 WO07/107 9 February 2007 Bestbet Pty Ltd Wilma Freddie & Others on behalf of the Wiluna Native Title Claimants WC99/24

05/04/2007