Raymond William Ashwin & Ors on behalf of Wutha; Pt (name withheld for cultural reasons) on behalf of Mantjintjarra Ngalia #2 /Western Australia/ Shaun Christopher Busby

[2013] NNTTA 54

NATIONAL NATIVE TITLE TRIBUNAL

Raymond William Ashwin & Ors on behalf of Wutha; PT (name withheld for cultural reasons) on behalf of Mantjintjarra Ngalia #2 /Western Australia/ Shaun Christopher Busby [2013] NNTTA 54 (15 May 2013)

Application No:         WO2013/0347; WO2013/0422

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

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IN THE MATTER of an inquiry into expedited procedure objection application

Raymond William Ashwin & Ors on behalf of Wutha (WC1999/010); PT (name withheld for cultural reasons) on behalf of Mantjintjarra Ngalia #2 (WC2006/006) (native title parties)

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The State of Western Australia (Government party)

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Shaun Christopher Busby (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                   Helen Shurven
Place:  Perth
Date:  15 May 2013

Catchwords:   Native title – future act – proposed grant of exploration license – expedited procedure objection application – objection application dismissed.

Legislation:Native Title Act 1993 (Cth), ss 29, 31(1), 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 12 December 2012, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant E38/2768 (the proposed tenement) to Shaun Christopher Busby (the grantee party) and included in the notice a statement that it considered the grant attracted the expedited procedure.

2. On 20 March 2013 and 10 April 2013, Wutha and Mantjintjarra Ngalia #2 (the native title parties) made expedited procedure objection applications, WO2013/0347 and WO2013/0422 in relation to the proposed tenement.

3. On 10 May 2013, the Department of Mines and Petroleum on behalf of the Government party, advised the Tribunal that the s 29 notice relating to tenement E38/2768 was issued prematurely, before the grant of an existing tenement, therefore the s 29 notice issued on 12 December 2012 is now terminated.

Decision

1. Objections WO2013/0347 and WO2013/0422 are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member
15 May 2013