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

[2007] NNTTA 17

NATIONAL NATIVE TITLE TRIBUNAL

Paddy Neowarra & Others on behalf of the Wanjina Wunggurr Wilinggin Native Title Claimants/Western Australia/United Kimberley Diamonds NL & Ragged Range Mining Pty Ltd  [2007] NNTTA 17 (6 March 2007)

Application No:        WO06/226

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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United Kimberley Diamonds NL, Ragged Range Mining Pty Ltd (grantee party)

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The State of Western Australia (Government party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Daniel O’Dea, Member
Place:             Perth
Date:              6 March 2007

Catchwords:  Native title — future acts — proposed grant of prospecting licences — expedited procedure objection application — application for prospecting licences withdrawn — objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 8 February 2006, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant Prospecting licences P80/1554, P80/1555, P80/1556, P80/1557, P80/1558, P80/1559, P80/1560 to United Kimberley Diamonds NL, Ragged Range Mining Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 2 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. The Department of Industry and Resources on behalf of the Government party has advised the Tribunal that on 4 December 2006, the prospecting licence applications made by United Kimberley Diamonds NL, Ragged Range Mining Pty Ltd were discontinued.

Decision

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

Daniel O’Dea
Member
6 March 2007