Leonne Velickovic on behalf of Widji People; Maggie John & Others on behalf of the Malarngowem Native Title Claimant Group; Scotty Birrell and Others on behalf of the Koonjie-Elvire Native Title Claimants/Western...

Case

[2006] NNTTA 136

12 October 2006


NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic on behalf of Widji People; Maggie John & Others on behalf of the Malarngowem Native Title Claimant Group; Scotty Birrell and Others on behalf of the Koonjie-Elvire Native Title Claimants/Western Australia/Mark Renard Graichen, Steven Bryan Eaton; Richard Forbes Donald-Hill, [2006] NNTTA 136 (12 October 2006)

Application Nos: WO03/670, WO06/227 & WO06/234

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

- and -

IN THE MATTER of inquiries 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:                  12 October 2006

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– proposed grant of mining tenements – expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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

  1. 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
12 October 2006

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Date Objection Application Lodged Grantee Party/ies Native Title Party & Linked Claimant Application No. Date Tenement Withdrawn or Discontinued
P27/1529 13/08/2003 WO03/670 12/08/2003 Mark Renard Graichen, Steven Bryan Eaton Leonne Velickovic on behalf of Widji People (WC98/27) 06/09/2006
E80/3532, E80/3533
E80/3534
15/02/2006 WO06/227 02/06/2006 Richard Forbes Donald-Hill Maggie John & Others on behalf of the Malarngowem Native Title Claimant Group (WC99/44) 06/09/2006
E80/3534 15/02/2006 WO06/234 13/06/2006 Richard Forbes Donald-Hill Scotty Birrell and Others on behalf of the Koonjie -Elvire Native Title Claimants (WC99/40) 06/09/2006