Cyril Barnes on behalf of Wongatha; Ike Simpson & Others on behalf of Wajarri Yamatji; Dora Sharpe & Others on behalf of the Gooniyandi (Combined 2) Native Title Claimants; Wilma Freddie & Others on behalf of the...

Case

[2007] NNTTA 32

10 April 2007


NATIONAL NATIVE TITLE TRIBUNAL

Cyril Barnes on behalf of Wongatha; Ike Simpson & Others on behalf of Wajarri Yamatji; Dora Sharpe & Others on behalf of the Gooniyandi (Combined 2) Native Title Claimants; Wilma Freddie & Others on behalf of the Wiluna Native Title Claimants; Angus Abdullah & Others on behalf of Njamal/Western Australia/Jackson Gold Ltd; Hampton Hill Mining; Southern Magnesium Pty Ltd; Aura Energy Pty Ltd; Consolidated Iron Pty Ltd, [2007] NNTTA 32 (10 April 2007)

Application Nos:      WO04/238, WO06/542, WO07/50, WO07/62, WO07/81, WO07/82

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

- and -

IN THE MATTER of inquiries into expedited procedure objection applications

Applications are listed in the attached Schedule

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon C J Sumner, Deputy President
Place:             Perth
Date:              10 April 2007

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– proposed grant of mining tenements – expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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
10 April 2007

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS

Note: Other tenements associated with the italicised Objection Application have not been withdrawn

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

E28/1420 16/06/2004

WO04/238

27 August 2004 Jackson Gold Ltd Cyril Barnes on behalf of Wongatha

3/10/2005

E51/1152

05/07/2006

WO06/542

31 October 2006 Hampton Hill Mining Ike Simpson & Others on behalf of Wajarri Yamatji

30/01/2007

E80/3676

13/09/2006

WO07/50

23 January 2007 Southern Magnesium Pty Ltd Dora Sharpe & Others on behalf of the Gooniyandi (Combined 2) Native Title Claimants

9/03/2007

E53/1249

27/09/2006

WO07/62

23 January 2007 Aura Energy Pty Ltd Wilma Freddie & Others on behalf of the Wiluna Native Title Claimants

15/03/2007

E45/2759

11/10/2006

WO07/81

5 February 2007 Consolidated Iron Pty Ltd Angus Abdullah & Others on behalf of Njamal

21/02/2007

E45/2760 11/10/2006 WO07/82 5 February 2007 Consolidated Iron Pty Ltd Angus Abdullah & Others on behalf of Njamal

21/02/2007