Mungarlu Ngurrarankatja Rirraunkaja; Ike Simpson & Others on behalf of Wajarri Yamatji; Limpet Giggles & Others on behalf of Gobawarrah Minduarra Yinhawanga /Western Australia/ Vanguard Exploration Pty Ltd; Hampton...

[2012] NNTTA 54

NATIONAL NATIVE TITLE TRIBUNAL

Mungarlu Ngurrarankatja Rirraunkaja; Ike Simpson & Others on behalf of Wajarri Yamatji; Limpet Giggles & Others on behalf of Gobawarrah Minduarra Yinhawanga /Western Australia/ Vanguard Exploration Pty Ltd; Hampton Hill Mining NL; Peter Romeo Gianni; Bruce Robert Legendre, [2012] NNTTA 54 (28 May 2012)

Applications No:       WO11/1009, WO11/1182, WO12/115, WO12/154

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:                   John Sosso
Place:  Brisbane
Date:  28 May 2012

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grant of exploration permits – expedited procedure objection applications – applications for exploration permits withdrawn – expedited procedure objection applications dismissed.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, 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 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of Mines and Petroleum on behalf of the government party advised the Tribunal that each of the grantee parties had withdrawn their application for an exploration permit and as a result the matters were discontinued.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).

John Sosso
Deputy President

SCHEDULE  –  DETERMINATION [2012] NNTTA 54  (28 May 2012)

Tenement	Government Party Notification	Objection Application Lodged	Objection Application No.	Grantee Party	Native Title Party & Application No.	Date of Withdrawal
E69/2899	4/5/2011	2/9/2011	WO11/1009	Vanguard Exploration Pty Ltd	Mungarlu Ngurrarankatja Rirraunkaja – WC98/68	3/4/2012
E20/762	29/6/2011	17/10/2011	WO11/1182	Hampton Hill Mining NL	Ike Simpson & Others on behalf of Wajarri Yamatji – WC04/10	26/4/2011
E09/1910	19/10/2011	6/2/2012	WO12/115	Peter Romeo Gianni	Ike Simpson & Others on behalf of Wajarri Yamatji – WC04/10	20/4/2012
E08/2289	30/11/2011	14/2/2012	WO12/154	Bruce Robert Legendre	Limpet Giggles & Others on behalf of Gobawarrah Minduarra Yinhawanga – WC97/43	2/4/2012