Harry Lennard & Ors on behalf of Warrwa #2;John Graham & Ors on behalf of Ngadju; Albert Little & Ors on behalf of Badimia /Western Australia/ Midwinter Resources Nl; White Cliff Minerals Limited; Top Iron Pty Ltd

[2013] NNTTA 156

NATIONAL NATIVE TITLE TRIBUNAL

Harry Lennard & Ors on behalf of Warrwa #2;John Graham & Ors on behalf of Ngadju; Albert Little & Ors on behalf of Badimia /Western Australia/ Midwinter Resources NL; White Cliff Minerals Limited; Top Iron Pty Ltd [2013] NNTTA 156 (6 November 2013)

Applications No:  WO2013/0536; WO2013/0733; WO2013/0980

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

- and -

IN THE MATTER of an inquiry into expedited procedure objection applications

Native title parties as listed in the attached schedule  (native title parties)

- and -

State of Western Australia  (Government party)

- and –

Grantee parties as listed in the attached schedule  (grantee parties)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:                  Helen Shurven
Place:  Perth
Date:  6 November 2013

Catchwords:  Native title – future acts – proposed grant of exploration permits – expedited procedure objection applications – applications for exploration permits withdrawn – expedited procedure objection applications dismissed.

Legislation:Native Title Act 1993 (Cth), ss 29, s 148(a)

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

[1] On the dates specified in the attached Schedule, the State of Western Australia (“the Government party”) gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant various exploration permits 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 lodged expedited procedure objection applications with the Tribunal.

[3]        The Department of Mines and Petroleum on behalf of the Government party advised the Tribunal that each of the grantee parties had discontinued or withdrawn their application for an exploration permit on the dates specified in the attached Schedule, and as a result the matters were discontinued.

Decision

[4] The expedited procedure objection applications specified in the attached schedule are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member

SCHEDULE – DETERMINATION

Tenement	Government Party Notification	Objection Application Lodged	Objection Application No.	Grantee Party	Native Title Party & Application No.	Date of Withdrawal
E04/2242	30/01/2013	23/05/2013	WO2013/0536	Midwinter Resources NL	Harry Lennard & Ors on behalf of Warrwa #2 – WC2012/009	11/09/2013
E63/1613	13/03/2013	8/07/2013	WO2013/0733	White Cliff Minerals Limited	John Graham & Ors on behalf of Ngadju – WC1999/002	25/10/2013
E59/1954	22/05/2013	23/09/2013	WO2013/0980	Top Iron Pty Ltd	Albert Little & Ors on behalf of Badimia – WC1996/098	24/10/2013