WF (Deceased) & Ors on behalf of Wiluna; Ike Simpson & Ors on behalf of Wajarri Yamatji; Billy Atkins & Ors on behalf of Gingirana / Western Australia/ Enterprise Iron Pty Ltd; Gascoyne Resources (WA) Pty Lt; Rio...

[2013] NNTTA 142

NATIONAL NATIVE TITLE TRIBUNAL

WF (Deceased) & Ors on behalf of Wiluna; Ike Simpson & Ors on behalf of Wajarri Yamatji; Billy Atkins & Ors on behalf of Gingirana / Western Australia/ Enterprise Iron Pty Ltd; Gascoyne Resources (WA) Pty Lt; Rio Tinto Exploration Pty Ltd; Vanguard Exploration Ltd [2013] NNTTA 142 (2 October 2013)

Applications No:       WO2013/0382; WO2013/0563; WO2013/0822; WO2013/0823; WO2013/0919

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 Raelene Webb QC
Place:  Perth
Date:  2 October 2013

Catchwords:  Native title – future acts – proposed grant of exploration permits – expedited procedure objection applications – applications for exploration permits withdrawn – expedited procedure objection applications dismissed.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 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Petroleum on behalf of the Government party advised the Tribunal that each of the grantee parties had discontinued or withdrawn their application for an exploration permit on the dates specified in the attached Schedule, and as a result the matters were discontinued.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).

Raelene Webb QC
President
2 October 2013

SCHEDULE – DETERMINATION

Tenement	Government Party Notification	Objection Application Lodged	Objection Application No.	Grantee Party	Native Title Party & Application No.	Date of Withdrawal
E69/3083	16/01/2013	28/03/2013	WO2013/0382	Enterprise Iron Pty Ltd	WF (Deceased) & Ors on behalf of Wiluna – WC1999/024	05/08/2013
E09/2013	30/01/2013	30/05/2013	WO2013/0563	Gascoyne Resources (WA) Pty Ltd	Ike Simpson & Ors on behalf of Wajarri Yamatji – WC2004/010	23/09/2013
E52/2852	24/04/2013	23/08/2013	WO2013/0919	Rio Tinto Exploration Pty Ltd	Ike Simpson & Ors on behalf of Wajarri Yamatji – WC2004/010	30/08/2013
E69/3105	27/03/2013	26/07/2013	WO2013/0822	Vanguard Exploration Ltd	Billy Atkins & Ors on behalf of Gingirana – WC2006/002	20/09/2013
E69/3105	27/03/2013	26/07/2013	WO2013/0823	Vanguard Exploration Ltd	WF (Deceased) & Ors on behalf of Wiluna – WC1999/024	20/09/2013