Maggie John and others on behalf of the Malarngowem Native Title Claimants: Daisy Lungunan and others on behalf of the Nyikina and Mangala Native Title Claimants: Dickey Cox on behalf of the Noonkanbah People/

[2007] NNTTA 88

NATIONAL NATIVE TITLE TRIBUNAL

Maggie John & others on behalf of the Malarngowem Native Title Claimants: Daisy Lungunan & others on behalf of the Nyikina  & Mangala Native Title Claimants: Dickey Cox on behalf of the Noonkanbah People/ Western Australia/ Sammy Resources Pty Ltd: Duketon Consolidated Ltd, [2007] NNTTA 88 (10 October 2007)

Application Nos:       WO06/267, WO06/516, WO06/517 and WO07/53

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:              10 October 2007

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– proposed grant of mining tenements - expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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
10 October 2007

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Date Objection Application Lodged	Grantee Party/ies	Native Title Party & Linked Claimant Application No.	Date Tenement Withdrawn or Discontinued
E80/3666	13/9/2006	WO07/53	12/1/2007	Sammy Resources Pty Ltd	Maggie John & others on behalf of the Malarngowem Native Title Claimants WC99/44	4/9/2007
E04/1492	21/6/2006	WO06/516	17/10/2006	Duketon Consolidated Ltd	Daisy Lungunan & others on behalf of the Nyikina & Mangala Native Title Claimants WC99/25	17/9/2007
E04/1505	21/6/2006	WO06/517	17/10/2006	Duketon Consolidated Ltd	Daisy Lungunan & others on behalf of the Nyikina & Mangala Native Title Claimants WC99/25	17/9/2007
E04/1492 E04/1505	21/6/2006	WO06/267	20/6/2006	Duketon Consolidated Ltd	Dickey Cox on behalf of the Noonkanbah People WC98/9	17/9/2007