Banjo Wurrunmurra & Ors on behalf of Bunuba/Western Australia/ MDR (Thomsons) Pty Ltd; Australian Abrasive Minerals Pty Ltd

[2013] NNTTA 21

NATIONAL NATIVE TITLE TRIBUNAL

Banjo Wurrunmurra & Ors on behalf of Bunuba/Western Australia/ MDR (Thomsons) Pty Ltd; Australian Abrasive Minerals Pty Ltd [2013] NNTTA 21 (19 February 2013)

Applications No: WO2012/0806; WO2012/0877

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 Dan O’Dea
Place:  Perth
Date:  19 February 2013

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grant of exploration permits – expedited procedure objection applications – applications for exploration permits withdrawn – expedited procedure objection applications dismissed.

Legislation:Native Title Act 1993 (Cth), s 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 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Petroleum on behalf of the government party advised the Tribunal that each of the grantee parties had discontinued or withdrawn their application for an exploration permit and as a result the matters were discontinued.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).

Dan 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
E04/2157	04/04/2012	03/08/2012	WO2012/0806	MDR (Thomsons) Pty Ltd	Banjo Wurrunmurra & Ors on behalf of Bunuba – WC99/19	06/02/2013
E04/2170	04/04/2012	03/08/2012	WO2012/0877	Australian Abrasive Minerals Pty Ltd	Banjo Wurrunmurra & Ors on behalf of Bunuba – WC99/19	14/02/2013