Mungarlu Ngurrarankatja Rirraunkaja Aboriginal Corporation on behalf of Birriliburu; Buurabalayji Thalanyji Aboriginal Corporation /Western Australia/ Tyson Resources Pty Ltd; SJ Crushing Pty Ltd

[2014] NNTTA 4

NATIONAL NATIVE TITLE TRIBUNAL

Mungarlu Ngurrarankatja Rirraunkaja Aboriginal Corporation on behalf of Birriliburu;   Buurabalayji Thalanyji Aboriginal Corporation /Western Australia/ Tyson Resources Pty Ltd; SJ Crushing Pty Ltd [2014] NNTTA 4 (14 January 2014)

Applications No:       WO2013/0244; WO2013/0614

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:                  Helen Shurven
Place:  Perth
Date:  14 January 2014

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grant of exploration permits – expedited procedure objection applications – applications for exploration permits withdrawn – expedited procedure objection applications dismissed.

Legislation:Native Title Act 1993 (Cth), ss 29, s 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 and 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]        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Petroleum on behalf of the Government party advised the Tribunal that each of the grantee parties had discontinued or withdrawn their application for an exploration permit or prospecting permit on the dates specified in the attached Schedule, and as a result the matters were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 Name & Application Number	Date of Withdrawal
E69/1723	15/02/2013	11/06/2013	WO2013/0614	Tyson Resources Pty Ltd	Mungarlu Ngurrarankatja Rirraunkaja Aboriginal Corporation on behalf of Birriliburu – WCD2008/002	06/12/2013
E08/2421	01/02/2013	27/02/2013	WO2013/0244	SJ Crushing Pty Ltd	Buurabalayji Thalanyji Aboriginal Corporation – WCD2008/003	20/12/2013