Wilma Freddie & Ors on behalf of Wiluna; Ronald Crowe & Ors on behalf of Gnulli/Western Australia/ Enterprise Metals Limited; South Boulder Mines Ltd

[2012] NNTTA 111

NATIONAL NATIVE TITLE TRIBUNAL

Wilma Freddie & Ors on behalf of Wiluna; Ronald Crowe & Ors on behalf of Gnulli/Western Australia/ Enterprise Metals Limited; South Boulder Mines Ltd, [2012] NNTTA 111 (29 October 2012)

Applications No:  WO12/351, WO12/720

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:  29 October 2012

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grant of exploration permits – expedited procedure objection applications – applications for exploration permits withdrawn – expedited procedure objection applications dismissed.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Petroleum on behalf of the government party advised the Tribunal that each of the grantee parties had discontinued or withdrawn their application for an exploration permit and as a result the matters were discontinued.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
E69/3024	11/01/2012	05/04/2012	WO12/351	Enterprise Metals Limited	Wiluna – WC99/24	22/10/2012
E08/2359	21/03/2012	21/07/2012	WO12/720	South Boulder Mines Ltd	Gnulli – WC97/28	22/10/2012