Tjurabalan Native Title Lands Aboriginal Corporation on behalf of its members; Gooniyandi Aboriginal Corporation on behalf of its members; Peggy Patrick & Ors on behalf of Yurriyangem Taam; Benny Duncan & Ors on...

[2013] NNTTA 177

NATIONAL NATIVE TITLE TRIBUNAL

Tjurabalan Native Title Lands Aboriginal Corporation on behalf of its members; Gooniyandi Aboriginal Corporation on behalf of its members; Peggy Patrick & Ors on behalf of Yurriyangem Taam; Benny Duncan & Ors on behalf of Ngarrawanji /Western Australia/ Crossbow Resources Pty Ltd; Pegasus Metals Ltd [2013] NNTTA 177 (17 December 2013)

Applications No:       WO2013/0642; WO2013/0806; WO2013/0848; WO2013/0849; WO2013/0853  

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:                  Helen Shurven
Place:  Perth
Date:  17 December 2013

Catchwords:  Native title – future acts – proposed grant of exploration and prospecting permits – expedited procedure objection applications – applications for exploration and prospecting permits withdrawn – expedited procedure objection applications dismissed.

Legislation:Native Title Act 1993 (Cth), ss 29, s 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 and prospecting permits 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]        The Department of Mines and Petroleum on behalf of the Government party advised the Tribunal that each of the grantee parties had discontinued or withdrawn their application for an exploration permit or prospecting permit on the dates specified in the attached Schedule, and as a result the matters were discontinued.

Decision

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

Helen Shurven
Member

SCHEDULE – DETERMINATION

Tenement	Government Party Notification	Objection Application Lodged	Objection Application No.	Grantee Party	Native Title Party & Application No.	Date of Withdrawal
E80/4748	01/03/2013	12/06/2013	WO2013/0642	Crossbow Resources Pty Ltd	Tjurabalan Native Title Lands Aboriginal Corporation on behalf of its members – WCD2001/001	10/12/2013
E80/4762	03/07/2013	23/07/2013	WO2013/0806	Pegasus Metals Ltd	Gooniyandi Aboriginal Corporation on behalf of its members – WCD2013/003	05/12/2013
E80/4761	03/07/2013	31/07/2013	WO2013/0848	Pegasus Metals Ltd	Peggy Patrick & Ors on behalf of Yurriyangem Taam – WC2010/013	05/12/2013
E80/4763	03/07/2013	31/07/2013	WO2013/0849	Pegasus Metals Ltd	Peggy Patrick & Ors on behalf of Yurriyangem Taam – WC2010/013	05/12/2013
E80/4763	03/07/2013	31/07/2013	WO2013/0853	Pegasus Metals Ltd	Benny Duncan & Ors on behalf of Ngarrawanji – WC1996/075	05/12/2013