(Cyril Barnes; Maggie John & Others on behalf of the Malarngowem Native Title Claimants/Western Australia/Zeedam Enterprises Pty Ltd; Eastern Goldfields Exploration Pty Ltd

Case

[2005] NNTTA 9

14 March 2005


NATIONAL NATIVE TITLE TRIBUNAL

(Cyril Barnes; Maggie John & Others on behalf of the Malarngowem Native Title Claimants/Western Australia/Zeedam Enterprises Pty Ltd; Eastern Goldfields Exploration Pty Ltd, [2005] NNTTA 9 (14 March 2005)

Application Nos:       WO04/76, WO04/239, WO04/268 & WO04/316

IN THE MATTER of the Native Title Act 1993 (Cth)

- and -

IN THE MATTER of an inquiries into expedited procedure objection applications

Applications are listed in the attached Schedule

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:       Hon C J Sumner
Place:             Perth
Date:              14 March 2005

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– proposed grant of mining tenements – expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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
14 March 2005

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS

Note: Objection Application Numbers italicised indicates other tenements associated that have not been withdrawn

Tenement No. Date of Govt. Party Notification Objection Application No. Date Objection Application Lodged Grantee Party/ies Native Title Party & Linked Claimant Application No. Date Tenement Withdrawn or Discontinued
E39/837 24/03/2004 WO04/76 18/05/2004 Zeedam Enterprises
Pty Ltd
Cyril Barnes (WC99/1) 18/02/2005
E31/663 30/06/2004 WO04/239 27/08/2004 Zeedam Enterprises
Pty Ltd
Cyril Barnes (WC99/1) 18/02/2005

E38/1612, E38/1646

28/07/2004 WO04/268 17/09/2004 Zeedam Enterprises
Pty Ltd
Cyril Barnes (WC99/1) 18/02/2005
P80/1520 11/08/2004 WO04/316 04/11/2004 Eastern Goldfields Exploration Pty Ltd Maggie John & Others on behalf of the Malarngowem Native Title Claimants (WC99/44) 21/01/2005
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