Ronald Crowe & Ors on behalf of Gnulli; Keith Narrier & Ors on behalf of Tjiwarl; Wilma Freddie & Ors on behalf of Wiluna; Les Tullock & Ors on behalf of Tarlpa ; Harvey Murray on behalf of Yilka /Western Australia...

[2012] NNTTA 129

NATIONAL NATIVE TITLE TRIBUNAL

Ronald Crowe & Ors on behalf of Gnulli; Keith Narrier & Ors on behalf of Tjiwarl; Wilma Freddie & Ors on behalf of Wiluna; Les Tullock & Ors on behalf of Tarlpa ; Harvey Murray on behalf of Yilka /Western Australia / Zenith Minerals Ltd; BHP Billiton Yeelirrie Development Company Pty Ltd; Magellan Metals Pty Ltd; Gold Road Resources Limited, [2012] NNTTA 129 (5 December 2012)

Applications No:  WO12/1015; WO12/170; WO12/666; WO12/667; WO12/703; WO12/612; WO12/613

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

- and -

IN THE MATTER of an inquiry into expedited procedure objection applications

Native title parties as listed in the attached schedule  (native title parties)

- and -

State of Western Australia  (Government party)

- and –

Grantee parties as listed in the attached schedule  (grantee parties)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:                  President Graeme Neate
Place:  Brisbane
Date:  5 December 2012

Catchwords:  Native title – future acts – proposed grant of miscellaneous licenses – expedited procedure objection applications – s 29 notices discontinued – expedited procedure objection applications dismissed.

Legislation:Native Title Act 1993 (Cth), ss 29, 148(a)

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

[1] On the dates specified in the attached Schedule, the State of Western Australia (‘the Government party’) gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant various exploration permits and a miscellaneous licence 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 lodged expedited procedure objection applications with the Tribunal.

[3] On the dates specified in the Schedule, the Department of Mines and Petroleum advised the Tribunal that the notification of the tenements under s29 of The Native Title Act 1993 (Cth) is terminated.

[4] The Tribunal considers that, in light of the Government party’s advice that the s 29 notice was terminated, there is no longer a proposed future act against which an objection to the assertion of the expedited procedure statement can be validly made. Consequently, the Tribunal is satisfied that it is not entitled to deal with the expedited procedure objection application.

Decision

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

Graeme Neate
President

SCHEDULE – DETERMINATION

Tenement	Government Party Notification	Objection Application Lodged	Objection Application No.	Grantee Party	Native Title Party & Application No.	Date of Withdrawal
L08/66	02/05/2012	29/08/2012	WO12/1015	Zenith Minerals Ltd	Ronald Crowe & Ors on behalf of Gnulli WC97/28	23/11/2012
L53/161	19/10/2011	17/02/2012	WO12/170	BHP Billiton Yeelirrie Development Company Pty Ltd	Keith Narrier & Ors on behalf on Tjiwarl	23/11/2012
L53/163	21/03/2012	18/07/2012	WO12/666	Magellan Metals Pty Ltd	Wilma Freddie & Ors on behalf of Wiluna	23/11/2012
L53/164	21/03/2012	18/07/2012	WO12/667	Magellan Metals Pty Ltd	Wilma Freddie & Ors on behalf of Wiluna	23/11/2012
L53/164	21/03/2012	18/07/2012	WO12/703	Magellan Metals Pty Ltd	Les Tullock & Ors on behalf of Tarlpa	23/11/2012
L38/210	22/02/2012	21/06/2012	WO12/612	Gold Road Resources Limited	Harvey Murray on behalf of Yilka	23/11/2012
L38/211	22/02/2012	21/06/2012	WO12/613	Gold Road Resources Limited	Harvey Murray on behalf of Yilka	23/11/2012