Nyangumarta Warrarn Aboriginal Corporation/Western Australia/Iluka Resources Limited

[2013] NNTTA 56

NATIONAL NATIVE TITLE TRIBUNAL

Nyangumarta Warrarn Aboriginal Corporation/Western Australia/Iluka Resources Limited [2013] NNTTA 56 (17 May 2013)

Application No:        WO2013/0052

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

- and -

IN THE MATTER of an inquiry into expedited procedure objection application

Nyangumarta Warrarn Aboriginal Corporation (native title party)

- and -

The State of Western Australia (Government party)

- and -

Iluka Resources Limited (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                  Helen Shurven
Place:  Perth
Date:  17 May 2013

Catchwords:  Native title – future act – proposed grant of exploration permit –- expedited procedure objection application – incorrect notification – notification terminated by Government party - expedited procedure objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONs

1. On 19 September 2012, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration permit E45/4057 to Iluka Resources Limited (the grantee party) and included in the notice a statement that it considered the grant attracted the expedited procedure.

2. On 14 January 2013, the native title party made an expedited procedure objection application in relation to the proposed tenement.

3. On 8 May 2013, the Department of Mines and Petroleum on behalf of the Government party, advised the Tribunal that the s 29 notice relating to the tenement is incorrect and they would now terminate the notice.

Decision

1. Objection WO2013/0052 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member