Wilfred Goonack & Others on behalf of the Uunguu Native Title Claimants; Daisy Lungunan & Ors on behalf Nyikina & Mangala; Albert Little & Others on behalf of Badimia/Western Australia/Bauxite Australia Pty Ltd;...

[2010] NNTTA 11

NATIONAL NATIVE TITLE TRIBUNAL

Wilfred Goonack & Others on behalf of the Uunguu Native Title Claimants; Daisy Lungunan & Ors on behalf Nyikina & Mangala; Albert Little & Others on behalf of Badimia/Western Australia/Bauxite Australia Pty Ltd; Standard Mining Investments Pty Ltd, [2010] NNTTA 11 (2 February 2010)

Application Nos:      WO07/1526, WO08/1193, WO08/1194, WO09/384

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

Applications are listed in the attached schedule

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:                  Hon C J Sumner, Deputy President
Place:  Perth
Date:  2 February 2010

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– proposed grant of mining tenements - expedited procedure objection applications – applications for mining tenements withdrawn – objection applications dismissed.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 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.

[2]        On the dates specified in the attached Schedule the native title parties made expedited procedure objection applications to the Tribunal.

[3]        The Department of Mines and Petroleum on behalf of the Government party has advised the Tribunal that each of the applications specified in the attached Schedule were discontinued.

Decision

[4] 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 February 2010

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS

Tenement No.	Date of Govt. Party Notification (s29 Notice)	Objection Application No.	Date Objection Application Lodged	Grantee Party/ies	Native Title Party & Linked Claimant Application No.	Date Tenement Withdrawn or Discontinued
E80/3733	10/10/2007	WO07/1526	21/12/2007	Bauxite Australia Pty Ltd	Wilfred Goonack & Others on behalf of the Uunguu Native Title Claimants – WC99/35	18/12/2009
E04/1782	27/8/2008	WO08/1193	27/12/2008	Standard Mining Investments Pty Ltd	Daisy Lungunan & Ors on behalf Nyikina & Mangala – WC99/25	18/12/2009
E04/1783	27/8/2008	WO08/1194	27/12/2008	Standard Mining Investments Pty Ltd	Daisy Lungunan & Ors on behalf Nyikina & Mangala – WC99/25	18/12/2009
E59/1513	11/2/2009	WO09/384	10/6/2009	Standard Mining Investments Pty Ltd	Albert Little & Others on behalf of Badimia – WC96/98	18/12/2009