Paddy Neowarra & Others on behalf of the Wanjina Wunggurr Wilinggin Native Title Claimants/Western Australia/ United Kimberley Diamonds Nl

[2007] NNTTA 3

NATIONAL NATIVE TITLE TRIBUNAL

Paddy Neowarra & Others on behalf of the Wanjina Wunggurr Wilinggin Native Title Claimants/Western Australia/ United Kimberley Diamonds NL [2007] NNTTA 3 (15 January 2007)

Application No:         WO06/263

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

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IN THE MATTER of an inquiry into an expedited procedure objection application

Paddy Neowarra & Others on behalf of the Wanjina Wunggurr Wilinggin Native Title Claimants - (WC99/11) (native title party)

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The State of Western Australia (Government party)

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United Kimberley Diamonds NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:        Dan O’Dea, Member
Place:             Perth
Date:              15 January 2007

Catchwords:   Native title – future act – proposed grant of exploration licence – expedited procedure objection application – application for mining tenements withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 20 February 2006, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E80/3542 to United Kimberley Diamonds NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 19 June 2006, Paddy Neowarra & Others on behalf of the Wanjina Wunggurr Wilinggin Native Title Claimants (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. On 21 December 2006 the Department of Industry and Resources on behalf of the Government party advised the Tribunal that on 4 December 2006, the exploration licence application made by United Kimberley Diamonds NL was discontinued.

Decision

1. There is no longer any proposal from the Government party to do a future act and accordingly the objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Dan O’Dea
Member
15 January 2007