Evelyn Gilla & Others on behalf of Yungunga-Nya; David Smirke and Others on behalf of Jurruru People; Kevin Peter Walley and Others on behalf of the Ngoonooru Wadjari People; Bruce Monadee and Others on behalf of...

[2006] NNTTA 97

NATIONAL NATIVE TITLE TRIBUNAL

Evelyn Gilla & Others on behalf of Yungunga-Nya; David Smirke and Others on behalf of Jurruru People; Kevin Peter Walley and Others on behalf of the Ngoonooru Wadjari People; Bruce Monadee and Others on behalf of Ngarluma Indjibarndi; Ken Papertalk on behalf of Mullewa Wadjari People; Judy Hughes on behalf of Thalanyji; Leo Thomas & Others on behalf of Wongatha People; Paddy Neowarra & Others on behalf of the Wanjina Wunggurr Wilinggin Native Title Claimants/Western Australia/William Ross Young; Michael Laurence Henry & Irena Maria Henry; Australian Cancer Technology Ltd; John McNally-Smith; Hayes Mining Pty Ltd; Fineloop Holdings Pty Ltd; Drylands Pty Ltd; United Kimberley Diamonds NL, [2006] NNTTA 97 (31 July 2006)

Application Nos:       WO03/79, WO03/645, WO03/646, WO03/830, WO04/278, WO04/279, WO04/280, WO04/281, WO04/282, WO05/479, WO05/645, WO06/77, WO06/78, WO06/200

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:                  31 July 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– proposed grant of mining tenements – expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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

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
31 July 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
P51/2421	27 November 2002	WO03/79	06 January 2003	William Ross Young	Evelyn Gilla & Others on behalf of Yugunga-Nya (WC99/46)	3 July 2006
P08/487	23 April 2003	WO03/645	08 August 2003	Michael Laurence Henry & Irena Maria Henry	David Smirke and Others on behalf of Jurruru People	10 May 2006
P08/488	23 April 2003	WO03/646	08 August 2003	Michael Laurence Henry & Irena Maria Henry	David Smirke and Others on behalf of Jurruru People	10 May 2006
E52/1507	30 July 2003	WO03/830	03 October 2003	Australian Cancer Technology Ltd	Kevin Peter Walley and Others on behalf of the Ngoonooru Wadjari People	02 June 2006
P47/1232	16 June 2004	WO04/278	15 October 2004	John McNally-Smith	Bruce Monadee and Others on behalf of Ngarluma Indjibarndi	04 July 2006
P47/1233	16 June 2004	WO04/279	15 October 2004	John McNally-Smith	Bruce Monadee and Others on behalf of Ngarluma Indjibarndi	04 July 2006
P47/1234	16 June 2004	WO04/280	15 October 2004	John McNally-Smith	Bruce Monadee and Others on behalf of Ngarluma Indjibarndi	04 July 2006
P47/1235	16 June 2004	WO04/281	15 October 2004	John McNally-Smith	Bruce Monadee and Others on behalf of Ngarluma Indjibarndi	04 July 2006
P47/1236	16 June 2004	WO04/282	15 October 2004	John McNally-Smith	Bruce Monadee and Others on behalf of Ngarluma Indjibarndi	04 July 2006
E66/49	27 July 2005	WO05/479	15 August 2005	Hayes Mining Pty Ltd	Ken Papertalk on behalf of Mullewa Wadjari People	19 June 2006
E08/1447	19 October 2005	WO05/645	24 October 2005	Fineloop Holdings Pty Ltd	Judy Hughes on behalf of Thalanyji	12 June 2006
P37/6336	19 October 2005	WO06/77	20 February 2006	Drylands Pty Ltd	Leo Thomas & Others on behalf of Wongatha People	24 June 2006
P37/6337	19 October 2005	WO06/78	20 February 2006	Drylands Pty Ltd	Leo Thomas & Others on behalf of the Wongatha People	27 June 2006
E80/3518	01 February 2006	WO06/200	29 May 2006	United Kimberley Diamonds NL	Paddy Neowarra & Others on behalf of the Wanjina Wunggurr Wilinggin Native Title Claimants	30 June 2006