Dora Sharpe and Others on behalf of the Gooniyandi (Combined #2)Native Title Claimants/Western Australia/Kallenia Mines Pty Ltd

[2007] NNTTA 8

NATIONAL NATIVE TITLE TRIBUNAL

Dora Sharpe and Others on behalf of the Gooniyandi (Combined #2)Native Title Claimants/Western Australia/Kallenia Mines Pty Ltd, [2007] NNTTA 8 (19 January 2007)

Application No:        WO06/368

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

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IN THE MATTER of an inquiry into an expedited procedure objection application

Dora Sharpe and Others on behalf of the Gooniyandi (Combined #2) Native Title Claimants – (WC00/10) (native title party)

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The State of Western Australia (Government party)

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Kallenia Mines Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon C J Sumner, Deputy President
Place:             Perth
Date:              19 January 2007

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection application – application for exploration licence withdrawn – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 26 April 2006, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E80/3541 to Kallenia Mines Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 21 August 2006, Dora Sharpe and Others on behalf of the Gooniyandi (Combined #2) Native Title Claimants (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. On 20 December 2006 the Department of Industry and Resources on behalf of the Government Party advised the Tribunal that on 12 December 2006, the exploration license application made by Kallenia Mines Pty Ltd was discontinued.

Decision

1. The expedited procedure objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
19 January 2007