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austlii:cth/NNTTA/2013/142
defendant. Expedited procedure objection applications dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth)
1 cited instrument linked from this judgment.
This is a procedural decision of the National Native Title Tribunal. Native title groups had objected to exploration permits being granted to mining companies under the expedited procedure in the Native Title Act. However, before the Tribunal could hear the objections, the mining companies withdrew their applications for the exploration permits. Because there was no longer any application for a permit to object to, the Tribunal dismissed the native title parties' objections under s 148(a) of the Act, which allows dismissal when a matter is discontinued.
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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)
IN THE MATTER of an inquiry into expedited procedure objection applications
Native title parties as listed in the attached schedule (native title parties)
Grantee parties as listed in the attached schedule (grantee parties)
DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS
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grant of exploration permits - expedited procedure objection applications - applications for exploration permits withdrawn - expedited procedure objection applications dismissed.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.
[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).
WF (Deceased) & Ors on behalf of Wiluna - WC1999/024
Ike Simpson & Ors on behalf of Wajarri Yamatji - WC2004/010
Ike Simpson & Ors on behalf of Wajarri Yamatji - WC2004/010
Billy Atkins & Ors on behalf of Gingirana - WC2006/002
WF (Deceased) & Ors on behalf of Wiluna - WC1999/024
Expedited procedure objection applications dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth)