Buurabalayji Thalanyji Aboriginal Corporation; Johnson Taylor & ors on behalf of Njamal; Ike Simpson & Ors on behalf of Wajarri Yamatji /Western Australia/ Regional Resources NW Pty Ltd; Kalamazoo Resources Pty...

[2014] NNTTA 20

NATIONAL NATIVE TITLE TRIBUNAL

Buurabalayji Thalanyji Aboriginal Corporation; Johnson Taylor & ors on behalf of Njamal; Ike Simpson & Ors on behalf of Wajarri Yamatji /Western Australia/ Regional Resources NW Pty Ltd; Kalamazoo Resources Pty Ltd; Hampton Hill Mining NL [2014] NNTTA 20 (24 February 2014)

Applications No:       WO2013/0456; WO2013/0541; WO2014/0004       

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)

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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:  24 February 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grant of exploration permits – expedited procedure objection applications – applications for exploration permits withdrawn – expedited procedure objection applications dismissed.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Petroleum on behalf of the Government party advised the Tribunal that each of the grantee parties had discontinued or withdrawn their application for an exploration permit on the dates specified in the attached Schedule, and as a result the matters were discontinued.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
E08/2419	05/04/2013	26/04/2013	WO2013/0456	Regional Resources NW Pty Ltd	Buurabalayji Thalanyji Aboriginal Corporation – WCD2008/003	20/01/2014
E20/832	11/09/2013	09/01/2014	WO2014/0004	Hampton Hill Mining NL	Ike Simpson & Ors on behalf of Wajarri Yamatji – WC2004/010	11/02/2014
E45/4100-I	30/01/2013	28/05/2013	WO2013/0541	Kalamazoo Resources Pty Ltd	Johnson Taylor & ors on behalf of Njamal – WC1999/008	7/02/2014