Angus Abdullah and Others on behalf of Njamal; Maggie John & Others on behalf of the Malarngowem Native Title Claimants; Cyril Barnes/Western Australia/Unimin Australia Ltd; Regent Resources Ltd; Jackson Gold Ltd;...

Case

[2004] NNTTA 111

20 December 2004


NATIONAL NATIVE TITLE TRIBUNAL

Angus Abdullah and Others on behalf of Njamal; Maggie John & Others on behalf of the Malarngowem Native Title Claimants; Cyril Barnes/Western Australia/Unimin Australia Ltd; Regent Resources Ltd; Jackson Gold Ltd; Rio Tinto Exploration Pty Ltd, [2004] NNTTA 111 (20 December 2004) (

Application Nos:       WO03/351, WO04/177, WO04/238, WO04/263

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

- and -

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:              20 December 2004

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– proposed grant of mining tenements – expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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

  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
20 December 2004

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Note: Objection Application Numbers italicised indicates other tenements associated that have not been withdrawn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
E45/2272 11/12/2002 WO03/351 04/04/2003 Unimin Australia Ltd Angus Abdullah and Others on behalf of Njamal (WC99/8) 30/08/2004
E80/3145 21/04/2004 WO04/177 17/08/2004 Regent Resources Ltd Maggie John & Others on behalf of the Malarngowem Native Title Claimants (WC99/44) 19/11/2004

E28/1382, E31/648

16/06/2004 WO04/238 27/08/2004 Jackson Gold Ltd Cyril Barnes (WC99/1) 22/11/2004
E80/3301 02/06/2004 WO04/263 20/09/2004 Rio Tinto Exploration
Pty Ltd
Maggie John & Others on behalf of the Malarngowem Native Title Claimants (WC99/44) 22/10/2004