Maggie John & Others on behalf of the Malarngowem Native Title Claimants; Robert Flanagan on behalf of the Mullewa Wadjari Community/Western Australia/Cape Lambert Iron Ore Ltd; Helix Resources Ltd

[2008] NNTTA 1

NATIONAL NATIVE TITLE TRIBUNAL

Maggie John & Others on behalf of the Malarngowem Native Title Claimants; Robert Flanagan on behalf of the Mullewa Wadjari Community/Western Australia/Cape Lambert Iron Ore Ltd; Helix Resources Ltd, [2008] NNTTA 1 (8 January 2008)

Application Nos:      WO07/797 and WO07/871

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:              8 January 2008

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– proposed grant of mining tenements - expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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
8 January 2008

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Date Objection Application Lodged	Grantee Party/ies	Native Title Party & Linked Claimant Application No.	Date Tenement Withdrawn or Discontinued
E80/1612	23/05/2007	WO07/797	24/08/2007	Cape Lambert Iron Ore Ltd	Maggie John, Patrick Mung, Chocolate Thomas & Others on behalf of the Malarngowem Native Title Claimants WC99/44	10/12/2007
E66/55	15/08/2007	WO07/871	02/09/2007	Helix Resources Ltd	Robert Flanagan and Ors on behalf of the Mullewa Wadjari Community WC96/93	11/12/2007