Ben Ward and Others on behalf of the Miriuwung Gajerrong #4 Native Title Claimants: Ben Ward & Others on behalf of the Miriuwung & Gajerrong/Western Australia/Thermal Energy Australia Pty Ltd

[2007] NNTTA 96

NATIONAL NATIVE TITLE TRIBUNAL

Ben Ward and Others on behalf of the Miriuwung Gajerrong #4 Native Title Claimants: Ben Ward & Others on behalf of the Miriuwung & Gajerrong/Western Australia/Thermal Energy Australia Pty Ltd, [2007] NNTTA 96 (07 November 2007)

Application Nos:       WO06/420 and WO06/427

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

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IN THE MATTER of an inquiry into expedited procedure objection applications

Applications are listed in the attached schedule

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:        Hon C J Sumner, Deputy President
Place:             Perth
Date:              7 November 2007

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– proposed grant of mining tenements - expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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

[4] 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
7 November 2007

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS

Tenement No.	Date of Govt. Party Notification (s29 Notice)	Objection Application No.	Date Objection Application Lodged	Grantee Party/ies	Native Title Party & Linked Claimant Application No.	Date Tenement Withdrawn or Discontinued
E80/3578	10/5/2006	WO06/420	11/9/2007	Thermal Energy Australia Pty Ltd:	Ben Ward and Others on behalf of the Miriuwung Gajerrong #4 Native Title Claimants WC04/4	26/9/2007
E80/3578	10/5/2006	WO06/427	11/9/2007	Thermal Energy Australia Pty Ltd:	Ben Ward & Others on behalf of the Miriuwung & Gajerrong People WC94/2	24/10/207