Chubby Jones and Others on behalf of Innawonga, Bunjima and Niapaili; Maggie John & Others on behalf of the Malarngowem Native Title Claimants; Shirley Drill & Others on behalf of the Purnululu Native Title...
[2006] NNTTA 75
•15 June 2006
NATIONAL NATIVE TITLE TRIBUNAL
Chubby Jones and Others on behalf of Innawonga, Bunjima and Niapaili; Maggie John & Others on behalf of the Malarngowem Native Title Claimants; Shirley Drill & Others on behalf of the Purnululu Native Title Claimants; Doris Ryder & Others on behalf of the Lamboo Native Title Claimants; Limpet Giggles and Others on behalf of Gobawarrah Minduarra Yinhawanga; Wilma Freddie and Others representing the Wiluna Native Title Claimants; Andy Campbell and Others representing the Birriliburu Native Title claimants/Western Australia/Wayne John Lewis, Ian Victor Delane, Neville Raymond Lewis; Eastern Goldfields Exploration Pty Ltd; United Kimberley Diamonds NL; Great Australian Resources Ltd; Peter Sutherland Heydon; Nemex Pty Ltd; Inco Resources (Australia) Pty Ltd; Inco Resources (Australia) Pty Ltd, [2006] NNTTA 75 (15 June 2006)
Application Nos: WO03/356, WO05/239, WO05/240, WO05/460, WO05/661, WO05/806, WO06/5, WO06/85, WO06/86
IN THE MATTER of the Native Title Act 1993 (Cth)
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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: 15 June 2006
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– proposed grant of mining tenements – expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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
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.
On the dates specified in the attached Schedule the native title parties made expedited procedure objection applications to the Tribunal.
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
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
15 June 2006
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 |
| P47/1111 | 11 December 2002 | WO03/356 | 4 April 2003 | Wayne John Lewis, Ian Victor Delane, Neville Raymond Lewis | Chubby Jones and Others on behalf of Innawonga, Bunjima and Niapaili (WC96/61) | 4 April 2006 |
| E80/3223 | 9 February 2005 | WO05/239 | 12 May 2005 | Eastern Goldfields Exploration Pty Ltd | Maggie John & Others on behalf of the Malarngowem Native Title Claimants (WC99/44) | 28 April 2006 |
| E80/3223 | 9 February 2005 | WO05/240 | 12 May 2005 | Eastern Goldfields Exploration Pty Ltd | Shirley Drill & Others on behalf of the Purnululu Native Title Claimants (WC94/11) | 28 April 2006 |
| E80/3417 | 15 June 2005 | WO05/460 | 5 August 2005 | United Kimberley Diamonds NL | Doris Ryder & Others on behalf of the Lamboo Native Title Claimants (WC99/20) | 13 April 2006 |
| E80/3427 | 29 June 2005 | WO05/661 | 28 October 2005 | Great Australian Resources Ltd | Maggie John & Others on behalf of the Malarngowem Native Title Claimants (WC99/44) | 11 April 2006 |
| E08/1488 | 27 July 2005 | WO05/806 | 15 November 2005 | Peter Sutherland Heydon | Limpet Giggles and Others on behalf of Gobawarrah Minduarra Yinhawanga (WC97/43) | 28 March 2006 |
| E53/1143 | 7 September 2005 | WO06/5 | 6 January 2006 | Nemex Pty Ltd | Wilma Freddie and Others representing the Wiluna Native Title Claimants (WC99/24) | 2 June 2006 |
| E69/2096 | 2 November 2005 | WO06/85 | 27 February 2006 | Inco Resources (Australia) Pty Ltd | Wilma Freddie and Others representing the Wiluna Native Title Claimants (WC99/24) | 19 April 2006 |
| E69/2094, E69/2095 | 2 November 2005 | WO06/86 | 27 February 2006 | Inco Resources (Australia) Pty Ltd | Andy Campbell and Others representing the Birriliburu Native Title Claimants (WC98/68) | 19 April 2006 |
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