Robin Boddington and others on behalf of Wajarri Elders; Cyril Barnes on behalf of Wongatha; Kevin Peter Walley and others on behalf of the Ngoonoojru Wadjari People/Western Australia/Big Bell Operations Pty Ltd;

Case

[2003] NNTTA 124

15 December 2003


NATIONAL NATIVE TITLE TRIBUNAL

Robin Boddington and others on behalf of Wajarri Elders; Cyril Barnes on behalf of Wongatha; Kevin Peter Walley and others on behalf of the Ngoonoojru Wadjari People/Western Australia/Big Bell Operations Pty Ltd; Internickel Australia Pty Ltd; Southstar Resources Ltd, [2003] NNTTA 124 (15 December 2003)

Application Nos:      WO03/837, WO03/491, WO03/399

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:              15 December 2003

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– proposed grant of mining tenements – expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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 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
15 December 2003

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Note: Objection Application Numbers italicised indicates other tenements associated that have not been withdrawn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
P20/1877 30/07/2003 WO03/837 03/10/2003 Big Bell Operations Pty Ltd Robin Boddington and others on behalf of Wajarri Elders WC01/3 22/08/2003
E29/485
E29/486
15/01/2003 WO03/491 19/06/2003 (Amended)
15/05/2003 (Initial)
Internickel Australia Pty Ltd Cyril Barnes on behalf of Wongatha WC99/1 04/12/2003
AM-E51/914 07/05/2003 WO03/399 08/05/2003 Southstar Resources Ltd Kevin Peter Walley and others on behalf of the Ngoonoojru Wadjari People WC00/12 08/10/2003