Karajarri Traditional Lands Association (Aboriginal Corporation) on behalf of its Members; Wintawari Guruma Aboriginal Corporation; Tjurabalan Native Title Land Aboriginal Corporation; Leonne Velickovic & Others on...

Case

[2008] NNTTA 70

5 June 2008

No judgment structure available for this case.

NATIONAL NATIVE TITLE TRIBUNAL

Karajarri Traditional Lands Association (Aboriginal Corporation) on behalf of its Members; Wintawari Guruma Aboriginal Corporation; Tjurabalan Native Title Land Aboriginal Corporation; Leonne Velickovic & Others on behalf of the Widji People; Mark Lockyer & Others on behalf of Kuruma Marthudunera; David Smirke & Others on behalf of Jurruru People; Limpet Giggles & Others on behalf of Gobawarrah Minduarra Yinhawanga/Western Australia/ASJ Resources Pty Ltd; Cazaly Iron Pty Ltd; Resource Search Pty Ltd; Lightwave Investments Pty Ltd, Athena Resources Ltd; GTI Resources Ltd; [2008]  NNTTA 70 (5 June 2008)

Application Nos:      WO07/186, WO07/870, WO07/1015, WO07/1016, WO07/1048, WO07/1442, WO08/350, WO08/421

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

- and -

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 June 2008

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– proposed grant of mining tenements - expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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 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 June 2008

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS

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 or Discontinued

E04/1579

22/11/2006

WO07/186 21/3/2007 ASJ Resources Pty Ltd Karajarri Traditional Lands Association (Aboriginal Corporation) on behalf of its Members 26/5/2008
E47/1705 29/8/2008 WO07/870 2/9/2007 Cazaly Iron Pty Ltd Wintawari Guruma Aboriginal Corporation 8/5/2008
E80/3794 6/6/2007 WO07/1015 4/10/2008 Resource Search Pty Ltd Tjurabalan Native Title Land Aboriginal Corporation 30/4/2008
E80/3866 6/6/2007 WO07/1016 4/10/2008 Resource Search Pty Ltd Tjurabalan Native Title Land Aboriginal Corporation 30/4/2008
E15/944 10/10/2007 WO07/1048 10/10/2007 Lightwave Investments Pty Ltd, Athena Resources Ltd Leonne Velickovic & Others on behalf of the Widji People 22/4/2008
E47/1705 29/8/2008 WO07/1442 17/12/2008 Cazaly Iron Pty Ltd Mark Lockyer & Others on behalf of Kuruma Marthudunera 8/5/2008
E08/1798 19/12/2007 WO08/350 2/4/2008 GTI Resources Ltd David Smirke & Others on behalf of Jurruru People 12/5/2008
E08/1798 19/12/2007 WO08/421 15/4/2008 GTI Resources Ltd Limpet Giggles & Others on behalf of Gobawarrah Minduarra Yinhawanga 12/5/2008