Karajarri Traditional Lands Association Aboriginal Corporation/Western Australia/Iluka Resources Limited

[2013] NNTTA 55

NATIONAL NATIVE TITLE TRIBUNAL

Karajarri Traditional Lands Association Aboriginal Corporation/Western Australia/Iluka Resources Limited [2013] NNTTA 55 (15 May 2013)

Application No:        WO2012/1126; WO2012/1140; WO2012/1141; WO2012/1142

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

- and -

IN THE MATTER of an inquiry into expedited procedure objection application

Karajarri Traditional Lands Association Aboriginal Corporation (native title party)

- and -

The State of Western Australia (Government party)

- and -

Iluka Resources Limited (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                  Helen Shurven
Place:  Perth
Date:  15 May 2013

Catchwords:  Native title – future act – proposed grant of exploration permits –- expedited procedure objection applications – incorrect notifications – notifications terminated by Government party - expedited procedure objection applications dismissed.

Legislation:Native Title Act 1993 (Cth), ss 29, 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 various exploration permits to Iluka Resources Limited (the grantee party) and included in the notices a statement that it considered the grants attracted the expedited procedure.

[2]        On the dates specified in the attached Schedule, the native title party made expedited procedure objection applications in relation to the proposed tenements.

[3] On the dates specified in the attached Schedule, the Department of Mines and Petroleum on behalf of the Government party, advised the Tribunal that the s 29 notices relating to the tenements are incorrect and they would now terminate the notices.

Decision

[4] Objections WO2012/1126, WO2012/1140, WO2012/1141 and WO2012/1142 are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member

15 May 2013

SCHEDULE – DETERMINATION

Tenement	Government Party Notification	Objection Application Lodged	Objection Application No.	Grantee Party	Native Title Party & Application No.	Date of Termination
E45/4057	19/09/2012	17/10/2012	WO2012/1126	Iluka Resources Limited	Karajarri Traditional Lands Association Aboriginal Corporation – WCD2004/002	08/05/2013
E04/2210	03/10/2012	17/10/2012	WO2012/1140	Iluka Resources Limited	Karajarri Traditional Lands Association Aboriginal Corporation – WCD2004/002	09/05/2013
E04/2211	03/10/2012	17/10/2012	WO2012/1141	Iluka Resources Limited	Karajarri Traditional Lands Association Aboriginal Corporation – WCD2004/002	09/05/2013
E04/2212	03/10/2012	17/10/2012	WO2012/1142	Iluka Resources Limited	Karajarri Traditional Lands Association Aboriginal Corporation – WCD2004/002	09/05/2013