Wilma Freddie & Ors on behalf of Wiluna Native Title Claimants; Raymond Ashwin & Ors on behalf of the Wutha People/ Western Australia/ Murchison Resources Pty Ltd; Venus Corporation Ltd

[2013] NNTTA 4

NATIONAL NATIVE TITLE TRIBUNAL

Wilma Freddie & Ors on behalf of Wiluna Native Title Claimants; Raymond Ashwin & Ors on behalf of the Wutha People/ Western Australia/ Murchison Resources Pty Ltd; Venus Corporation Ltd, [2013] NNTTA 4 (25 January 2013)

Applications No:  WO2012/0600; WO2012/1085

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grant of exploration permits – expedited procedure objection applications – applications for exploration permits withdrawn – expedited procedure objection applications dismissed.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Petroleum on behalf of the Government party advised the Tribunal that each of the grantee parties had discontinued or withdrawn their application for an exploration permit and as a result the matters were discontinued.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

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
E53/1651	22/02/2012	21/06/2012	WO2012/0600	Murchison Resources Pty Ltd	Wilma Freddie & Ors on behalf of Wiluna Native Title Claimants WC99/24	06/12/2012
E53/1672	13/06/2012	03/10/2012	WO2012/1085	Venus Metals Corporation Ltd	Raymond Ashwin & Ors on behalf of the Wutha People WC99/10	08/11/2012