Ike Simpson & Ors on behalf of Wajarri Yamatji /Western Australia/ Peter Andrew Wiltshire

[2013] NNTTA 84

NATIONAL NATIVE TITLE TRIBUNAL

Ike Simpson & Ors on behalf of Wajarri Yamatji /Western Australia/ Peter Andrew Wiltshire [2013] NNTTA 84 (8 July 2013)

Application No:        WO2012/1115

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

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IN THE MATTER of an inquiry into expedited procedure objection application

Ike Simpson & Ors on behalf
of Wajarri Yamatji (WC2004/010)   (native title party)

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The State of Western Australia   (Government party)

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Peter Andrew Wiltshire(grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                  Helen Shurven
Place:  Perth
Date:  8 July 2013

Catchwords:  Native title – future act – proposed grant of prospecting license – expedited procedure objection application – objection application dismissed.

Legislation:Native Title Act 1993 (Cth), ss 29, 31(1), 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 13 June 2012, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant P20/2204 (the proposed tenement) to Peter Andrew Wiltshire (the grantee party) and included in the notice a statement that it considered the grant attracted the expedited procedure.

2. On 10 October 2012, Ike Simpson & Ors on behalf of Wajarri Yamatji (WC2004/010) registered from 05 December 2005 (the native title party), made expedited procedure objection application WO2012/1115 in relation to the proposed tenement.

3. On 3 July 2013, the Department of Mines and Petroleum on behalf of the Government party, advised the Tribunal that the s 29 notice relating to tenement P20/2204 was issued prematurely, before the grant of an existing tenement, therefore the s 29 notice issued on 13 June 2012 is now terminated.

Decision

1. Objection WO2012/1115 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member