Ike Simpson & Ors on behalf of Wajarri Yamatji; Wilma Freddie and Others on behalf of the Wiluna People; Buurabalayji Thalanyji Aboriginal Corporation; Johnson Taylor and Ors on behalf of Njamal; Cyril Hayes and...
[2011] NNTTA 102
•10 June 2011
NATIONAL NATIVE TITLE TRIBUNAL
Ike Simpson & Ors on behalf of Wajarri Yamatji; Wilma Freddie and Others on behalf of the Wiluna People; Buurabalayji Thalanyji Aboriginal Corporation; Johnson Taylor and Ors on behalf of Njamal; Cyril Hayes and Others on behalf of Budina; Tjurabalan Native Title Lands Aboriginal Corporation/Western Australia/Byron Exploration Pty Ltd; Cazaly Iron Pty Ltd; Cauldron Energy Ltd; Grace Project Management Services Pty Ltd; Aureus Investment Pty Ltd; Sheffield Resources Pty Ltd; Stephen Lopresti; JML Resources Pty Ltd, [2011] NNTTA 102 (10 June 2011)
Application Nos: WO10/737, WO10/1041, WO10/1214, WO10/1518, WO10/1531, WO10/1566, WO11/283, WO11/483
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: 10 June 2011Catchwords: 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– proposed grant of mining tenements – expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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 Mines and Petroleum 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
10 June 2011
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 |
| P51/2630 | 10/2/2010 | WO10/737 | 4/6/2010 | Byron Exploration Pty Ltd | Ike Simpson & Ors on behalf of Wajarri Yamatji – WC04/10 | 11/5/2011 |
| E69/2751 | 7/4/2010 | WO10/1041 | 2/8/2010 | Cazaly Iron Pty Ltd | Wilma Freddie and Others on behalf of the Wiluna People - WC99/24 | 1/6/2011 |
| E08/2186 | 2/9/2010 | WO10/1214 | 6/9/2010 | Cauldron Energy Ltd | Buurabalayji Thalanyji Aboriginal Corporation – WC99/45 | 10/5/2011 |
| E45/3656 | 28/7/2011 | WO10/1518 | 22/11/2010 | Grace Project Management Services Pty Ltd | Johnson Taylor and Ors on behalf of Njamal - WC99/8 | 13/5/2011 |
| E08/2109 | 28/7/2010 | WO10/1531 | 20/11/2010 | Aureus Investment Pty Ltd | Cyril Hayes and Others on behalf of Budina – WC04/5 | 10/5/2011 |
| E70/3804 | 11/8/2010 | WO10/1566 | 13/12/2010 | Sheffield Resources Pty Ltd | Ike Simpson & Ors on behalf of Wajarri Yamatji – WC04/10 | 5/5/2011 |
| P80/1759 | 11/11/2010 | WO11/283 | 9/3/2011 | Stephen Lopresti | Tjurabalan Native Title Lands Aboriginal Corporation – WC95/74 | 20/12/2010 |
| E20/752 | 15/12/2010 | WO11/483 | 12/4/2011 | JML Resources Pty Ltd | Ike Simpson & Ors on behalf of Wajarri Yamatji – WC04/10 | 7/6/2011 |
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