Kevin Cosmos on behalf of Yaburara & Mardudhunera; Western Desert Lands Aboriginal Corporation on behalf of its members; Harry Lennard & Ors on behalf of Warrwa #2/ Western Australia/ Commodite Resources Pty Ltd;...

[2013] NNTTA 111

NATIONAL NATIVE TITLE TRIBUNAL

Kevin Cosmos on behalf of Yaburara & Mardudhunera; Western Desert Lands Aboriginal Corporation on behalf of its members; Harry Lennard & Ors on behalf of Warrwa #2/ Western Australia/ Commodite Resources Pty Ltd; Atlas Iron Ltd; Tyson Resources Pty Ltd; Regency Mines Australasia Pty Ltd [2013] NNTTA 111 (12 August 2013)

Applications No:       WO2012/0314; WO2012/0316; WO2012/1218; WO2012/1278; WO2012/1285

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

- and -

IN THE MATTER of an inquiry into expedited procedure objection applications

Native title parties as listed in the attached schedule  (native title parties)

- and -

State of Western Australia  (Government party)

- and –

Grantee parties as listed in the attached schedule  (grantee parties)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:                   Member Helen Shurven
Place:  Perth
Date:  12 August 2013

Catchwords:   Native title – future acts – proposed grant of exploration permits – expedited procedure objection applications – applications for exploration permits withdrawn – expedited procedure objection applications dismissed.

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

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

[1] On the dates specified in the attached Schedule, the State of Western Australia (“the Government party”) gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant various exploration permits 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 lodged expedited procedure objection applications with the Tribunal.

[3]        The Department of Mines and Petroleum on behalf of the Government party advised the Tribunal that each of the grantee parties had discontinued or withdrawn their application for an exploration permit on the dates specified in the attached Schedule, and as a result the matters were discontinued.

Decision

[4] The expedited procedure objection applications specified in the attached schedule are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member

SCHEDULE – DETERMINATION

Tenement	Government Party Notification	Objection Application Lodged	Objection Application No.	Grantee Party	Native Title Party & Application No.	Date of Withdrawal
E47/2612	14/12/2011	12/04/2012	WO2012/0314	Commodite Resources Pty Ltd	Kevin Cosmos on behalf of Yaburara & Mardudhunera – (WC1996/089)	1/08/2013
E47/2614	14/12/2011	12/04/2012	WO2012/0316	Commodite Resources Pty Ltd	Kevin Cosmos on behalf of Yaburara & Mardudhunera – (WC1996/089)	1/08/2013
E45/2730	05/09/2012	23/11/2012	WO2012/1218	Atlas Iron Ltd	Western Desert Lands Aboriginal Corporation on behalf of its members – (WCD2002/002)	30/07/2013
E45/2598	10/08/2012	23/11/2012	WO2012/1278	Tyson Resources Pty Ltd	Western Desert Lands Aboriginal Corporation on behalf of its members – (WCD2002/002)	25/07/2013
E04/2178	8/08/2012	7/12/2012	WO2012/1285	Regency Mines Australasia Pty Ltd	Harry Lennard on behalf of Warrwa #2 – (WC2012/009)	17/07/2013