Robin Boddington and others on behalf of the Wajarra Elders; Daisy Lungunan and others on behalf of the Nyikina Mangala Native Title Claimants; Raymond Dann and others on behalf of the Amangu People; Glen..

Case

[2007] NNTTA 61

16 July 2007


NATIONAL NATIVE TITLE TRIBUNAL

Robin Boddington and others on behalf of the Wajarra Elders; Daisy Lungunan and others on behalf of the Nyikina Mangala Native Title Claimants; Raymond Dann and others on behalf of the Amangu People; Glen Councillor and others on behalf of Hutt River; Dora Sharpe and others on behalf of the Gooniyandi Native Title Claimants; Leonne Velickovic and others on behalf of the Widji People; Wilma Freddie and others representing the Wiluna Native Title Claimants; Victor Barunga and others on behalf of the Dambimangbari Native Title Claimants; Dorothy and Thelma Tucker representing the Narnoobinya Family Group/Western Australia/Hampton Hill Mining NL; United Kimberley Diamonds NL; Northampton Mining Pty Ltd; Connector Drilling Pty Ltd; Cape Lambert Iron Ore Ltd; Bestbet Pty Ltd; AJ Exploration Geology Pty Ltd; Metrex Resources Ltd, [2007] NNTTA 61 (16 July 2007)

Application Nos:       WO05/161, WO05/919, WO06/128, WO06/667, WO06/671, WO06/719,   WO07/106,           WO07/125,     WO07/132

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

- and -

IN THE MATTER of an inquiry into expedited procedure objection applications

Applications are listed in the attached schedule

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:                   Hon C J Sumner, Deputy President
Place:  Perth
Date:  16 July 2007

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– proposed grant of mining tenements - expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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 20 April 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant 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.

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

  3. The Department of Industry and 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
16 July 2007

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS

Tenement No.

Date of Govt. Party Notification (s  29 Notice)

Objection Application No.

Date Objection Application Lodged

Grantee Party/ies

Native Title Party & Linked Claimant Application No.

Date Tenement Withdrawn or Discontinued

E51/981 20/04/2005 WO05/161 22/04/2005 Hampton Hill Mining NL Robin Boddington and others on behalf of the Wajarra Elders WC01/03 29/05/2007
E04/1513 07/09/2005 WO05/919 20/12/2005 United Kimberley Diamonds NL Daisy Lungunan and others on behalf of the Nyikina Mangala Native Title Claimants WC99/25 15/05/2007
E66/52 02/08/2006 WO06/667 29/11/2006 Northampton Mining Pty Ltd Raymond Dann and others on behalf of the Amangu People WC04/02 21/06/2007
E66/52 02/08/2006 WO06/671 29/11/2006 Northampton Mining Pty Ltd Glenn Councillor and others on behalf of Hutt River WC00/1 21/06/2007
E80/3358 30/11/2005 WO06/128 28/03/2006 Connector Drilling Pty Ltd Dora Sharpe and others on behalf of the Gooniyandi Native Title Claimants WC00/10 01/06/2007
P27/1589 06/12/2006 WO06/719 05/12/2006 Cape Lambert Iron Ore Ltd Leonne Velickovic and others on behalf of the Widji People WC98/27 30/04/2007
E38/1872 11/10/2006 WO07/106 09/02/2007 Bestbet Pty Ltd Wilma Freddie and others representing the Wiluna Native Title Claimants WC99/24 05/04/2007
E04/1597 25/10/2006 WO07/125 26/02/2007 AJ Exploration Geology Pty Ltd Victor Barunga and others on behalf of the Dambimangari Native Title Claimants WC99/7 13/04/2007
E69/2209 31/01/2007 WO07/132 06/03/2007 Metrex Resources Ltd Dorothy and Thelma Tucker, representing the Narnoobinya Family Group WC97/40 24/04/2007