Mark Lockyer & Ors on behalf of Kurama Marthudunera; Raymond Ashwin & Ors on behalf of Wutha; / Western Australia/ Giralia Resources Nl; Wild Acre Metals Limited

[2012] NNTTA 143

NATIONAL NATIVE TITLE TRIBUNAL

Mark Lockyer & Ors on behalf of Kurama Marthudunera; Raymond Ashwin & Ors on behalf of Wutha; / Western Australia/ Giralia Resources NL; Wild Acre Metals Limited [2012] NNTTA 143 (19 December 2012)

Applications No:  WO2011/1021; WO2012/0152

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

- and -

IN THE MATTER of an inquiry into expedited procedure objection applications

Native title parties as listed in the attached schedule  (native title parties)

- and -

State of Western Australia  (government party)

- and –

Grantee parties as listed in the attached schedule  (grantee parties)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:                   Member Helen Shurven
Place:  Perth
Date:  19 December 2012

Catchwords:   Native title – future acts – proposed grant of exploration/prospecting permits – expedited procedure objection applications – applications for exploration/prospecting permits withdrawn – expedited procedure objection applications dismissed.

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

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

[1] On the dates specified in the attached Schedule, the State of Western Australia (“the government party”) gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant various exploration/prospecting permits 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 lodged expedited procedure objection applications with the Tribunal.

[3]        On the dates specified in the attached Schedule, the Department of Mines and Petroleum on behalf of the government party advised the Tribunal that each of the grantee parties had discontinued or withdrawn their application for an exploration/prospecting permit and as a result the matters were discontinued.

Decision

[4] The expedited procedure objection applications specified in the attached schedule are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member

SCHEDULE – DETERMINATION

Tenement	Government Party Notification	Objection Application Lodged	Objection Application No.	Grantee Party	Native Title Party & Application No.	Date of Withdrawal
E47/1501	04/05/2011	05/09/2011	WO11/1021	Giralia Resources NL	Kuruma Marthudunera – (WC99/12)	04/12/2012
E29/814	30/11/2011	14/02/2012	WO12/152	Wild Acre Metals Limited	Raymond Ashwin & Ors on behalf of Wutha – (WC99/10)	28/11/2012