Banjo Wurrunmurra & Others on behalf of Bunuba Native Title Claimants; Robin Boddington and Others on behalf of Wajarri Elders; Geoffrey West & Others on behalf of the Pilki Native Title Claimants; Dora Sharpe and...

Case

[2006] NNTTA 128

6 September 2006


NATIONAL NATIVE TITLE TRIBUNAL

Banjo Wurrunmurra & Others on behalf of Bunuba Native Title Claimants; Robin Boddington and Others on behalf of Wajarri Elders; Geoffrey West & Others on behalf of the Pilki Native Title Claimants; Dora Sharpe and Others on behalf of the Gooniyandi Native Title Claimants; Judy Hughes & Others on behalf of Thalanyji People; Dorothy & Thelma Tucker representing the Narnoobinya Family Group; Ollan Dimer and Others on behalf of the Ngadju People; Cyril Hayes & Others on behalf of Budina; Warren Stanley Ryan & Others on behalf of the Thudgari People/Western Australia/Caldera Resources Pty Ltd & Ronald Winston; Freehold Mining Ltd; Yilgarn Mining (WA); Minex (Australia) Pty Ltd; Falx Pty Ltd; Olympia Resources Ltd; Redgrove Investments Pty Ltd, [2006] NNTTA 128 (6 September 2006)

Application Nos:       WO05/89, WO05/487, WO05/561, WO05/562, WO05/563, WO05/644, WO06/60, WO06/62, WO06/107, WO06/191, WO06/192

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

- and -

IN THE MATTER of inquiries into expedited procedure objection applications

Applications are listed in the attached Schedule

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:            Graeme Neate, President
Place:                 Perth
Date:                  6 September 2006

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– proposed grant of mining tenements – expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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

Graeme Neate
President
6 September 2006

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS

Note: Other tenements associated with the italicised Objection Application have not been withdrawn

Tenement No. Date of Govt. Party Notification (s  29 Notice) Objection Application No. Date Objection Application Lodged Grantee Party/ies Native Title Party & Linked Claimant Application No. Date Tenement Withdrawn or Discontinued
E04/1456 01 December 2004 WO05/89 22 March 2005 Caldera Resources Pty Ltd & Ronald Winston Banjo Wurrunmurra & Others on behalf of Bunuba Native Title Claimants (WC99/19) 01 August 2006
E04/1457 01 December 2004 WO05/89 22 March 2005 Caldera Resources Pty Ltd & Ronald Winston Banjo Wurrunmurra & Others on behalf of Bunuba Native Title Claimants (WC99/19) 01 August 2006
E52/1822 04 May 2005 WO05/487 18 August 2005 Freehold Mining Ltd Robin Boddington and Others on behalf of Wajarri Elders (WC01/3) 02 August 2006
E69/2019 13 July 2005 WO05/561 02 September 2005 Yilgarn Mining (WA) Geoffrey West & Others on behalf of the Pilki Native Title Claimants (WC02/3) 01 August 2006
E69/2026 04 May 2005 WO05/562 02 September 2005 Yilgarn Mining (WA) Geoffrey West & Others on behalf of the Pilki Native Title Claimants (WC02/3) 01 August 2006
E69/2020 13 July 2005 WO05/563 02 September 2005 Yilgarn Mining (WA) Geoffrey West & Others on behalf of the Pilki Native Title Claimants (WC02/3) 01 August 2006
E80/3443 13 July 2005 WO05/644 24 October 2005 Minex (Australia) Pty Ltd Dora Sharpe and Others on behalf of the Gooniyandi Native Title Claimants (WC00/10) 01 June 2006
E08/1082 08 January 2006 WO06/60 01 February 2006 Falx Pty Ltd Judy Hughes & Others on behalf of Thalanyji People (WC99/45) 22 June 2006
E28/1555 16 November 2005 WO06/62 13 February 2006 Olympia Resources Ltd Dorothy & Thelma Tucker representing the Narnoobinya Family Group (WC97/40) 01 June 2006
E28/1555 15 March 2006 WO06/107 13 February 2006 Olympia Resources Ltd Ollan Dimer and Others on behalf of the Ngadju People (WC99/2) 01 June 2006
E09/1255 15 February 2006 WO06/191 24 May 2006 Redgrove Investments Pty Ltd Cyril Hayes & Others on behalf of Budina 06 June 2006
E09/1255 15 February 2006 WO06/192 24 May 2006 Redgrove Investments Pty Ltd Warren Stanley Ryan & Others on behalf of the Thudgari People (WC97/95) 06 June 2006