Ike Simpson & Others on behalf of the Wajarri Yamatji / Western Australia / Brian Arthur Henderson

[2009] NNTTA 85

NATIONAL NATIVE TITLE TRIBUNAL

Ike Simpson & Others on behalf of the Wajarri Yamatji / Western Australia / Brian Arthur Henderson, [2009] NNTTA 85 (5 August 2009)

Application No:        WO08/931

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 & Others on behalf of the Wajarri Yamatji (WC04/10) (native title party)

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The State of Western Australia (Government party)

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Brian Arthur Henderson (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Mr Neville MacPherson - Member
Place:             Perth
Date:              5 August 2009

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– proposed grant of mining tenements - expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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 APPLICATION

[1] On the date 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 the mining tenement to the grantee party specified therein and included in the notice a statement that it considered that the grant attracted the expedited procedure.

[2]        On the date specified in the attached Schedule the native title parties made expedited procedure objection application to the Tribunal.

[3]        The Department of Mines and Petroleum on behalf of the Government party has advised the Tribunal that each application specified in the attached Schedule has been withdrawn.

Decision

[4] The objection application specified in the attached Schedule is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Mr Neville MacPherson
Member
5 August 2009

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATION

Tenement No.	Date of Govt. Party Notification (s29 Notice)	Objection Application No.	Date Objection Application Lodged	Grantee Party/ies	Native Title Party & Linked Claimant Application No.	Date Tenement Withdrawn
P20/2055	18/6/2008	WO08/931	17/10/2008	Brian Arthur Henderson	Ike Simpson & Others on behalf of the Wajarri Yamatji – WC04/10	7/7/2009