Barbara Sturt & Ors on behalf of Jaru; Albert Little & Ors on behalf of Badimia; Raymond Ashwin & Ors on behalf of Wutha / Western Australia/ Bulletin Resources Limited; Peter Romeo Gianni; Newsearch Pty Ltd

[2014] NNTTA 83

NATIONAL NATIVE TITLE TRIBUNAL

Barbara Sturt & Ors on behalf of Jaru; Albert Little & Ors on behalf of Badimia; Raymond Ashwin & Ors on behalf of Wutha / Western Australia/ Bulletin Resources Limited; Peter Romeo Gianni; Newsearch Pty Ltd [2014] NNTTA 83 (12 August 2014)

Applications No:       WO2013/0846; WO2014/0274; WO2014/0378

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:                  Helen Shurven
Place:  Perth
Date:  12 August 2014

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grant of exploration permits – expedited procedure objection applications – applications for exploration permits withdrawn – expedited procedure objection applications dismissed.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), ss 29, s 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]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Petroleum on behalf of the Government party advised the Tribunal that each of the grantee parties had discontinued or withdrawn their application for an exploration or prospecting permit on the dates specified in the attached Schedule, and as a result the matters were discontinued.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).

Helen Shurven
Member

SCHEDULE – DETERMINATION

Tenement	Government Party Notification	Objection Application Lodged	Objection Application No.	Grantee Party	Native Title Party Name & Application Number	Date of Withdrawal
E80/4781	3/07/2013	31/07/2013	WO2013/0846	Bulletin Resources Limited	Barbara Sturt & Ors on behalf of Jaru – WC2012/003	4/07/2014
E59/1948	18/12/2013	11/04/2014	WO2014/0274	Peter Romeo Gianni	Albert Little & Ors on behalf of Badimia – WC1996/098	25/06/2014
E57/953	29/01/2014	27/05/2014	WO2014/0378	Newsearch Pty Ltd	Raymond Ashwin & Ors on behalf of Wutha – WC1999/010	04/08/2014