Robin John Yarran on behalf of the Ballardong Native Title Claim (WC97/56); Mark Lockyer & Others on behalf of Kurrama Marthudunera (WC99/12); Bruce Monadee & Others on behalf of Ngarluma Indjibarndi (WC99/14);...

[2002] NNTTA 214

NATIONAL NATIVE TITLE TRIBUNAL

Robin John Yarran on behalf of the Ballardong Native Title Claim (WC97/56); Mark Lockyer & Others on behalf of Kurrama Marthudunera (WC99/12); Bruce Monadee & Others on behalf of Ngarluma Indjibarndi (WC99/14); Valerie Holborow, representative of the Yaburara and Coastal Mardudhunera People (WC96/89); Wilfred Hicks on behalf of the Wong-goo-tt-oo People (WC98/40)/Western Australia/Heron Resources Ltd; Helix Resources Ltd, [2002]  NNTTA 214 (2 October 2002)

Application Nos:      WO01/567, WO02/129, WO02/131, WO02/167 and WO02/168

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

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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:              2 October 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– proposed grant of mining tenements – expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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
2 October 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	Native Title Party & Linked Claimant Application No.	Date Tenement Withdrawn or Discontinued
E77/976	19/09/2001	WO01/567	24/09/2001	Heron Resources Ltd	Robin John Yarran on behalf of the Ballardong Native Title Claim (WC97/56)	12/08/2002
P47/1118	12/12/2001	WO02/129	25/02/2002	Helix Resources Ltd	Mark Lockyer & Others on behalf of Kurrama Marthudunera (WC99/12)	19/09/2002
P47/1114	12/12/2001	WO02/131	25/02/2002	Helix Resources Ltd	Bruce Monadee & Others on behalf of Ngarluma Indjibarndi (WC99/14)	04/09/2002
P47/1114, P47/1115, P47/1116, P47/1117, P47/1118	12/12/2001	WO02/167	12/04/2002	Helix Resources Ltd	Valerie Holborow, representative of the Yaburara and Coastal Mardudhunera People (WC96/89)	04/09/2002 (P47/1114, P47/1115, P47/1116, P47/1117) 19/09/2002 (P47/1118)
P47/1114, P47/1115, P47/1116, P47/1117, P47/1118	12/12/2001	WO02/168	11/4/2002	Helix Resources Ltd	Wilfred Hicks on behalf of the Wong-goo-tt-oo People (WC98/40)	04/09/2002 (P47/1114, P47/1115, P47/1116, P47/1117) 19/09/2002 (P47/1118)