LW name withheld for cultural reasons and Ors on behalf of Njamal /Western Australia/ Haoma Mining Nl

[2013] NNTTA 67

NATIONAL NATIVE TITLE TRIBUNAL

LW name withheld for cultural reasons and Ors on behalf of Njamal /Western Australia/ Haoma Mining NL [2013] NNTTA 67 (13 June 2013)

Application No:         WO2013/0005

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

LW name withheld for cultural reasons & Ors on behalf of Njamal (WC1999/008) (native title party)

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The State of Western Australia (Government party)

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Haoma Mining NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                   Helen Shurven
Place:  Perth
Date:  13 June 2013

Catchwords:   Native title – future act – proposed grant of prospecting license – expedited procedure objection application – objection application dismissed.

Legislation:Native Title Act 1993 (Cth), ss 29, 31(1), 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 5 September 2012, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant P45/2841 (the proposed tenement) to Haoma Mining NL (the grantee party) and included in the notice a statement that it considered the grant attracted the expedited procedure.

2. On 2 January 2013 Njamal (the native title party) made expedited procedure objection application, WO2013/0005 in relation to the proposed tenement.

3. On 13 June 2013, the Department of Mines and Petroleum on behalf of the Government party, advised the Tribunal that tenement P45/2841 had been refused on 19 March 2013 as there was no longer any ground available.

Decision

1. Objection WO2013/0005 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member
13 June 2013