Robin Boddington and Others on behalf of The Wajarri Elders/Western Australia/Hampton Hill Mining Nl

[2007] NNTTA 14

NATIONAL NATIVE TITLE TRIBUNAL

Robin Boddington and Others on behalf of The Wajarri Elders/Western Australia/Hampton Hill Mining NL, [2007] NNTTA 14 (17 February 2007)

Application No:         WO05/111

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

- and -

IN THE MATTER of inquiry into expedited procedure objection application

Robin Boddington and Others on behalf of The Wajarri Elders - (WC01/3) (native title party)

- and -

The State of Western Australia (Government party)

- and -

Hampton Hill Mining NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:            Hon C J Sumner, Deputy President
Place:                 Perth
Date:                  17 February 2007

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proposed grant of exploration licence – expedited procedure objection application – application for exploration licence withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 23 March 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E20/481 to Hampton Hill Mining NL (‘the grantee party’) and included in the notices a statement that it considered that the grant attracted the expedited procedure.

2. On 1 April 2005 the Robin Boddington and Others on behalf of The Wajarri Elders (‘native title party’) made an expedited procedure objection application to the Tribunal.

3. On 17 January 2007, the Department of Industry and Resources on behalf of the Government party advised the Tribunal that the tenement application was discontinued on 8 December 2006.

Decision

1. The expedited procedure objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
17 February 2007