Buuraralayji Thalanyji Aboriginal Corporation; David Stock & Ors on behalf of Nyiyaparli; Delores Cheinmora & Ors on behalf of Balanggarra; Ike Simpson & Ors on behalf of Wajarri Yamatji /Western Australia/...

[2012] NNTTA 105

NATIONAL NATIVE TITLE TRIBUNAL

Buuraralayji Thalanyji Aboriginal Corporation; David Stock & Ors on behalf of Nyiyaparli; Delores Cheinmora & Ors on behalf of Balanggarra; Ike Simpson & Ors on behalf of Wajarri Yamatji /Western Australia/ Phosphate Australia Ltd; Montezuma Mining Company Ltd; Sheffield Resources Ltd; Desert Energy Ltd, [2012] NNTTA 105 (5 October 2012)

Applications No:  WO12/52; WO12/565; WO12/566; WO11/1129; WO12/76; WO12/77

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:                  President Graeme Neate
Place:  Brisbane
Date:  5 October 2012

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grant of exploration permits – expedited procedure objection applications – applications for exploration permits withdrawn – expedited procedure objection applications dismissed.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Petroleum on behalf of the government party advised the Tribunal that each of the grantee parties had discontinued or withdrawn their application for an exploration permit and as a result the matters were discontinued.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

Graeme Neate
President

SCHEDULE – DETERMINATION

Tenement	Government Party Notification	Objection Application Lodged	Objection Application No.	Grantee Party	Native Title Party & Application No.	Date of Withdrawal
E08/2321	29/12/2011	27/01/2012	WO12/52	Phosphate Australia Ltd	Buuraralayji Thalanyji Aboriginal Corporation – WD08/4	25/09/2012
E52/2728	22/02/2012	18/06/2012	WO12/565	Montezuma Mining Company Ltd	David Stock & Ors on behalf of Nyiyaparli – WC05/6	28/09/2012
E52/2729	22/02/2012	18/06/2012	WO12/566	Montezuma Mining Company Ltd	David Stock & Ors on behalf of Nyiyaparli – WC05/6	28/09/2012
E80/4582	1/06/2011	03/10/2011	WO11/1129	Sheffield Resources Ltd	Delores Cheinmora & Ors on behalf of Balanggarra – WC99/47	21/09/2012
E09/1878	05/10/2011	06/02/2012	WO12/76	Desert Energy Ltd	Ike Simpson & Ors on behalf of Wajarri Yamatji – WC04/10	20/09/2012
E09/1879	05/10/2011	06/02/2012	WO12/77	Desert Energy Ltd	Ike Simpson & Ors on behalf of Wajarri Yamatji – WC04/10	20/09/2012