Richard Evans on behalf of the Koara People (WC95/1); Albert Little & Others on behalf of Badimia (WC96/98); Robin Boddington & Others on behalf of Wajarri Elders (WC01/003)/Western Australia/ Bushwin Pty Ltd;...

Case

[2002] NNTTA 85

9 May 2002


NATIONAL NATIVE TITLE TRIBUNAL

Richard Evans on behalf of the Koara People (WC95/1); Albert Little & Others on behalf of Badimia (WC96/98); Robin Boddington & Others on behalf of Wajarri Elders (WC01/003)/Western Australia/ Bushwin Pty Ltd; Croesus Mining NL; Swiftel Limited, [2002] NNTTA 85 (9 May 2002)

Application Nos:      WO01/515, W001/543, WO01/544, WO01/589, WO01/590, WO02/55, WO02/56, WO02/57, WO02/58, WO02/59, WO02/60, WO02/61, WO02/62, WO02/63, WO02/64, WO02/68,

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

- and -

IN THE MATTER of an inquiries into expedited procedure objection applications

Applications are listed in the attached Schedule

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:       Hon C J Sumner
Place:             Perth
Date:              9 May 2002

Catchwords:  Native Title – future acts – proposed grant of mining tenements – expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

  1. On the dates specified in the attached Schedule, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant certain mining tenements to the grantee parties specified therein and included in the notices a statement that it considered that the grants attracted the expedited procedure.

  1. On the dates specified in the attached Schedule the native title parties made expedited procedure objection applications to the Tribunal.

  1. The Department of Mineral and Petroleum Resources on behalf of the Government party has advised the Tribunal that each of the applications specified in the attached Schedule were discontinued.

Decision

  1. The objection applications specified in the attached Schedule are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
9 May 2002

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS

Note: Objection Application Numbers italicised indicates other tenements associated that have not been withdrawn

Tenement No. Date of Govt. Party Notification Objection Application No. Date Objection Application Lodged Grantee Party/ies Native Title Party & Linked Claimant Application No. Date Tenement Withdrawn or Discontinued
E20/467 25 July 2001 WO01/515 12 October 2001 Croesus Mining NL Robin Boddington & Others on behalf of the Wajarri Elders WC01/003 7 March 2002
E20/479 8 August 2001 WO01/543 15 October 2001 Swiftel Limited Robin Boddington & Others on behalf of Wajarri Elders WC01/003 8 April 2002
E20/476, E20/477, E20/478 8 August 2001 WO01/544 15 October 2001 Swiftel Limited Robin Boddington & Others on behalf of Wajarri Elders
WC01/003
8 April 2002
P58/1183 17 October 2001 WO01/589 7 November 2001 Bushwin Pty Ltd Albert Little & Others on behalf of Badimia WC96/98 5 March 2002
P58/1184 17 October 2001 WO01/590 7 November 2001 Bushwin Pty Ltd Albert Little & Others on behalf of Badimia WC96/98 5 March 2002
P59/1581 28 November 2001 WO02/55 11 January 2002

Bushwin Pty Ltd

Albert Little & Others on behalf of Badimia WC96/98 5 March 2002
P59/1582 28 November 2001 WO02/56 11 January 2002

Bushwin Pty Ltd

Albert Little & Others on behalf of Badimia WC96/98 5 March 2002
P59/1583 28 November 2001 WO02/57 11 January 2002

Bushwin Pty Ltd

Albert Little & Others on behalf of Badimia WC96/98 5 March 2002
P59/1585 28 November 2001 WO02/58 11 January 2002

Bushwin Pty Ltd

Albert Little & Others on behalf of Badimia
WC96/98
5 March 2002
P59/1586 28 November 2001 WO02/59 11 January 2002

Bushwin Pty Ltd

Albert Little & Others on behalf of Badimia WC96/98 5 March 2002
P59/1587 28 November 2001 WO02/60 11 January 2002

Bushwin Pty Ltd

Albert Little & Others on behalf of Badimia WC96/98 5 March 2002
P59/1588 28 November 2001 WO02/61 11 January 2002

Bushwin Pty Ltd

Albert Little & Others on behalf of Badimia WC96/98 5 March 2002
P59/1589 28 November 2001 WO02/62 11 January 2002

Bushwin Pty Ltd

Albert Little & Others on behalf of Badimia WC96/98 5 March 2002
P59/1590 28 November 2001 WO02/63 11 January 2002

Bushwin Pty Ltd

Albert Little & Others on behalf of Badimia WC96/98 5 March 2002
P59/1591 28 November 2001 WO02/64 11 January 2002

Bushwin Pty Ltd

Albert Little & Others on behalf of Badimia WC96/98 5 March 2002
P58/1184 17 October 2002 WO02/68 14 February 2002

Bushwin Pty Ltd

Richard Evans on behalf of the Koara People WC95/1 5 March 2002