Ike Simpson & Ors on behalf of the Wajarri Yamaji; Wintawari Guruma Aboriginal Corporation; Wilma Freddie and Others on behalf of the Wiluna Native Title Claimants; Andy Campbell and Others on behalf of the...
[2008] NNTTA 128
•5 September 2008
NATIONAL NATIVE TITLE TRIBUNAL
Ike Simpson & Ors on behalf of the Wajarri Yamaji; Wintawari Guruma Aboriginal Corporation; Wilma Freddie and Others on behalf of the Wiluna Native Title Claimants; Andy Campbell and Others on behalf of the Birriliburu Native Title Claimants; Violet Drury & Others on behalf of Nanda; Dora Sharpe and Others on behalf of the Gooniyandi (Combined 2) Native Title Claimants; Doris Ryder & Others on behalf of the Lamboo Native Title Claimants/Western Australia/Athena Resources Ltd, Lightwave Investments Pty Ltd; Zeedam Enterprises Pty Ltd & William Staverton Hitch; Mindax Energy Pty Ltd; Eaglefield Holdings Pty Ltd & Edel Resources Pty Ltd; Crosspick Resources Pty Ltd, [2008] NNTTA 128 (5 September 2008)
Application Nos: WO07/706, WO07/1300, WO07/1318, WO07/1322, WO08/383, WO08/416, WO08/417, WO08/623
IN THE MATTER of the Native Title Act 1993 (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: 5 September 2008Catchwords: 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– proposed grant of mining tenements - expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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 Act 1993 (Cth).
Hon C J Sumner
Deputy President
5 September 2008
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 |
| E09/1412 | 11/04/2007 | WO07/706 | 3/8/2007 | Athena Resources Ltd | Ike Simpson & Ors on behalf of the Wajarri Yamaji WC04/10 | 24/7/2008 |
| P47/1382 | 15/11/2007 | WO07/1300 | 13/11/2007 | Zeedam Enterprises Pty Ltd & William Staverton Hitch | Wintawari Guruma Aboriginal Corporation WC97/89 | 1/8/2008 |
| E69/2368 | 1/8/2007 | WO07/1318 | 26/11/2007 | Mindax Energy Pty Ltd | Wilma Freddie and Others on behalf of the Wiluna Native Title Claimants WC99/24 | 22/7/2008 |
| E69/2368 | 1/8/2007 | WO07/1322 | 26/11/2007 | Mindax Energy Pty Ltd | Andy Campbell and Others on behalf of the Birriliburu Native Title Claimants WC98/68 | 22/7/2008 |
| E09/1474 | 30/1/2008 | WO08/383 | 3/4/2008 | Eaglefield Holdings Pty Ltd & Edel Resources Pty Ltd | Violet Drury & Others on behalf of Nanda WC00/13 | 13/8/2008 |
| E80/3930 | 9/12/2007 | WO08/416 | 14/4/2008 | Crosspick Resources Pty Ltd | Dora Sharpe and Others on behalf of the Gooniyandi (Combined 2) Native Title Claimants WC00/10 | 15/8/2008 |
| E80/3930 | 9/12/2007 | WO08/417 | 14/4/2008 | Crosspick Resources Pty Ltd | Doris Ryder & Others on behalf of the Lamboo Native Title Claimants WC99/20 | 15/8/2008 |
| E70/3248 | 9/4/2008 | WO08/623 | 4/8/2008 | Eaglefield Holdings Pty Ltd & Edel Resources Pty Ltd | Violet Drury & Others on behalf of Nanda WC00/13 | 15/8/2008 |
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