Evelyn Gilla & Others on behalf of Yugunga-Nya; Ronald Crowe and Others on behalf of Gnulli; Wilma Freddie and Others on behalf of the Wiluna Native Title Claimants; Andy Campbell & Others on behalf of the..

[2008] NNTTA 107

NATIONAL NATIVE TITLE TRIBUNAL

Evelyn Gilla & Others on behalf of Yugunga-Nya; Ronald Crowe and Others on behalf of Gnulli; Wilma Freddie and Others on behalf of the Wiluna Native Title Claimants; Andy Campbell & Others on behalf of the Birriliburu Native Title Claimants; Ike Simpson & Others on behalf of Wajarri Yamatji/Western Australia/Legend Mining Ltd; Eastern Goldfields Exploration Pty Ltd; Gregory Ross O'Rourke, Malcolm Kenneth Virgo & Gloria Ruth Virgo; Sulphide Resources Pty Ltd, [2008] NNTTA 107 (6 August 2008)

Application Nos:      WO07/714, WO07/1032, WO07/1392, WO07/1393, WO07/1582

IN THE MATTER of the Native Title Act1993 (Cth)

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IN THE MATTER of an inquiry 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:              6 August 2008

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– proposed grant of mining tenements - expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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 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

[4] The objection applications specified in the attached Schedule are dismissed pursuant to s 148(a) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President
6 August 2008

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS

Tenement No.	Date of Govt. Party Notification (s29 Notice)	Objection Application No.	Date Objection Application Lodged	Grantee Party/ies	Native Title Party & Linked Claimant Application No.	Date Tenement Withdrawn or Discontinued
P53/1295	11/4/2007	WO07/714	3/8/2007	Legend Mining Ltd	Evelyn Gilla & Others on behalf of Yugunga-Nya WC99/46	18/7/2008
E08/1767	6/6/2007	WO07/1032	8/10/2007	Eastern Goldfields Exploration Pty Ltd	Ronald Crowe and Others on behalf of Gnulli WC97/28	15/7/2008
E69/2359	15/8/2007	WO07/1392	11/12/2007	Gregory Ross O'Rourke, Malcolm Kenneth Virgo & Gloria Ruth Virgo	Wilma Freddie and Others on behalf of the Wiluna Native Title Claimants WC99/24	16/7/2008
E69/2359	15/8/2007SEE SCHEDUL	WO07/1393	11/12/2007	Gregory Ross O'Rourke, Malcolm Kenneth Virgo & Gloria Ruth Virgo	Andy Campbell & Others on behalf of the Birriliburu Native Title Claimants WC98/68	16/7/2008
E20/664	12/9/2007	WO07/1582	20/12/2007	Sulphide Resources Pty Ltd	Ike Simpson & Others on behalf of Wajarri Yamatji WC04/10	10/7/2008