Bonnie Edwards & Ors on behalf of Jaru; Mungarlu Ngurrarankatja Rirraunkaja Aboriginal Corporation; Evelyn Gilla & Ors on behalf of Yugunga-Nya/Western Australia/Nicholson East Pty Ltd; Gellard Enterprises Pty Ltd;...

[2014] NNTTA 28

NATIONAL NATIVE TITLE TRIBUNAL

Bonnie Edwards & Ors on behalf of Jaru; Mungarlu Ngurrarankatja Rirraunkaja Aboriginal Corporation; Evelyn Gilla & Ors on behalf of Yugunga-Nya/Western Australia/Nicholson East Pty Ltd; Gellard Enterprises Pty Ltd; Attgold Pty Ltd [2014] NNTTA 28 (10 March 2014)

Applications No:       WO2013/0637; WO2013/0661; WO2013/1183; WO2013/1218

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:  10 March 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grant of exploration permits – expedited procedure objection applications – applications for exploration permits withdrawn – expedited procedure objection applications dismissed.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Petroleum on behalf of the Government party advised the Tribunal that each of the grantee parties had discontinued or withdrawn their application for an exploration permit on the dates specified in the attached Schedule, and as a result the matters were discontinued.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
E80/4532	27/02/2013	11/06/2013	WO2013/0637	Nicholson East Pty Ltd	Bonnie Edwards & Ors on behalf of Jaru  - WC2012/003	12/02/2014
E69/2559	22/02/2013	21/06/2013	WO2013/0661	Gellard Enterprises Pty Ltd	Mungarlu Ngurrarankatja Rirraunkaja Aboriginal Corporation – WCD2008/002	07/03/2014
E51/1566	17/07/2013	15/11/2013	WO2013/1183	Attgold Pty Ltd	Evelyn Gilla & Ors on behalf of Yugunga-Nya – WC1999/046	05/03/2014
E51/1578	31/07/2013	29/11/2013	WO2013/1218	Attgold Pty Ltd	Evelyn Gilla & Ors on behalf of Yugunga-Nya – WC1999/046	05/03/2014