Scotty Birrell & Ors on Behalf of Koongie-Elvire/Western Australia/3D Resources Ltd

[2013] NNTTA 38

NATIONAL NATIVE TITLE TRIBUNAL

Scotty Birrell & Ors on behalf of Koongie-Elvire/Western Australia/3D Resources Ltd

[2013] NNTTA 38 (15 April 2013)

Application No: WO2010/1020

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

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IN THE MATTER of an inquiry into expedited procedure objection applications

Scotty Birrell & Ors on behalf of Koongie-Elvire  (native title parties)

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State of Western Australia  (Government party)

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3D Resources Ltd  (grantee parties)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:                  Member Helen Shurven
Place:  Perth
Date:  15 April 2013

Catchwords:  Native title – future acts – proposed grant of exploration permit – expedited procedure objection application – application for exploration permits withdrawn – expedited procedure objection application dismissed.

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

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

1. On 24 March 2010, 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 E80/4179 to 3D Resources Ltd and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 26 July 2010, the native title party lodged an expedited procedure objection application with the Tribunal.

3. On 21 March 2013, the Department of Mines and Petroleum on behalf of the Government party advised the Tribunal that 3D Resources Ltd had withdrawn its application for the exploration permit and as a result the matter was discontinued.

Decision

1. The expedited procedure objection application WO2010/1020 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member