Benny Duncan & Others on behalf of the Ngarrawanji Native Title Claimants; Merle Forrest & Others on behalf of the Central East Goldfields People/Western Australia/E-Kim Pty Ltd; Australian Nickel Mines Nl

Case

[2007] NNTTA 18

8 March 2007


NATIONAL NATIVE TITLE TRIBUNAL

Benny Duncan & Others on behalf of the Ngarrawanji Native Title Claimants; Merle Forrest & Others on behalf of the Central East Goldfields People/Western Australia/E-Kim Pty Ltd; Australian Nickel Mines NL, [2007] NNTTA 18 (8 March 2007)

Application Nos:       WO04/132, WO06/41

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:           Hon C J Sumner, Deputy President
Place:                 Perth
Date:                  8 March 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– proposed grant of mining tenements – expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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 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).

Hon C J Sumner
Deputy President
8 March 2007

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS

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Date Objection Application Lodged Grantee Party/ies Native Title Party & Linked Claimant Application No. Date Tenement Withdrawn or Discontinued
E80/3272 24/07/2004 WO04/132 19/07/2004 E-Kim Pty Ltd Benny Duncan & Others on behalf of the Ngarrawanji Native Title Claimants 31/01/2007
P29/1858 06/02/2006 WO06/41 31/01/2006 Australian Nickel Mines NL Merle Forrest & Others on behalf of the Central East Goldfields People 09/01/2007