(Mark Lockyer and Others on behalf of Kurrama Marthudunera; Linda Champion on behalf of the Central West Goldfields People; Leonne Velickovic on behalf of Widji People; Paddy Neowarra & Others on behalf of the...

Case

[2005] NNTTA 34

27 May 2005


NATIONAL NATIVE TITLE TRIBUNAL

(Mark Lockyer and Others on behalf of Kurrama Marthudunera; Linda Champion on behalf of the Central West Goldfields People; Leonne Velickovic on behalf of Widji People; Paddy Neowarra & Others on behalf of the Wanjina Wunggurr Willinggin Native Title Claimant; June Harrington-Smith and Others on behalf of the Wutha People/Western Australia/Cockburn Cement Ltd; Melville Raymond Dalla-Costa; Mat Mining Pty Ltd; Ellendale Resources NL; Cazaly Resources Ltd; Independence Group NL, [2005] NNTTA 34 (27 May 2005)

Application Nos:       WO03/220,     WO04/39,      WO04/165,     WO04/205, WO04/343, WO04/395, & WO05/85

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

- and -

IN THE MATTER of an inquiries into expedited procedure objection applications

Applications are listed in the attached Schedule

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:       Hon C J Sumner
Place:             Perth
Date:              27 May 2005

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– proposed grant of mining tenements – expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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

  1. On the dates specified in the attached Schedule the native title parties made expedited procedure objection applications to the Tribunal.

  1. 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
27 May 2005

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS

Note: Objection Application Numbers italicised indicates other tenements associated that have not been withdrawn

Tenement No. Date of Govt. Party Notification Objection Application No. Date Objection Application Lodged Grantee Party/ies Native Title Party & Linked Claimant Application No. Date Tenement Withdrawn or Discontinued
E08/1171 27/11/2002 WO03/220 20/02/2003 Cockburn Cement Ltd Mark Lockyer and Others on behalf of Kurrama Marthudunera (WC99/12) 01/04/2005
P26/3234, P26/3235 11/02/2004 WO04/39 19/04/2004 Melville Raymond
Dalla-Costa
Linda Champion on behalf of the Central West Goldfields People (WC99/29) 23/05/2005
P24/3856 28/07/2004 WO04/165 29/07/2004 Mat Mining Pty Ltd Linda Champion on behalf of the Central West Goldfields People (WC99/29) 09/05/2005
P24/3856 28/07/2004 WO04/205 16/08/2004 Mat Mining Pty Ltd Leonne Velickovic on behalf of Widji People (WC98/27) 09/05/2005
E80/3224 08/09/2004 WO04/343 09/12/2004 Ellendale Resources NL Paddy Neowarra & Others on behalf of the Wanjina Wunggurr Willinggin Native Title Claimant Group (WC99/11) 29/04/2005
P16/2260 25/08/2004 WO04/395 30/12/2004 Cazaly Resources Ltd Linda Champion on behalf of the Central West Goldfields People (WC99/29) 02/09/2004
E51/1083 17/11/2004 WO05/85 30/03/2005 Independence Group NL June Harrington-Smith and Other on behalf of the Wutha People (WC99/10) 19/04/2005