Angus Abdullah and Others on behalf of Njamal; Peter Coppin and Others on behalf of Njamal #10; Albert Little and Others on behalf of Badimia/Western Australia/Milton Douglas Donald; Tantalum Australia Pty Ltd;

Case

[2003] NNTTA 54

21 March 2003


NATIONAL NATIVE TITLE TRIBUNAL

Angus Abdullah and Others on behalf of Njamal; Peter Coppin and Others on behalf of Njamal #10; Albert Little and Others on behalf of Badimia/Western Australia/Milton Douglas Donald; Tantalum Australia Pty Ltd; Bell Bay Investments Pty Ltd, [2003] NNTTA 54 (21 March 2003)

Application Nos:      WO02/144, WO02/311, WO02/312, WO02/320 & WO02/471

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:              21 March 2003

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– proposed grant of mining tenements – expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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
21 March 2003

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS

Tenement No. Date of Govt. Party Notification Objection Application No. Date Objection Application Lodged Grantee Party Native Title Party & Linked Claimant Application No. Date Tenement(s) Withdrawn or Discontinued
E46/462 AM1/012 09/01/2002 WO02/144 25/02/2002 Milton Douglas Donald Angus Abdullah and Others on behalf of Njamal (WC99/8) 14/02/2003
E45/2365 15/05/2002 WO02/311 05/06/2002 Tantalum Australia Pty Ltd Angus Abdullah and Others on behalf of Njamal (WC99/8) 14/02/2003
E45/2365 15/05/2002 WO02/312 05/06/2002 Tantalum Australia Pty Ltd Peter Coppin & Others on behalf of Njamal #10 (WC00/5) 14/02/2003
E59/1092 29/05/2002 WO02/320 07/06/2002 Bell Bay Investments Pty Ltd Albert Little and Others on behalf of Badimia (WC96/98) 19/02/2003
E46/462 AM28/012 12/06/2002 WO02/471 04/10/2002 Milton Douglas Donald Angus Abdullah and Others on behalf of Njamal (WC99/8) 12/02/2003