Albert Little and Others on Behalf of Badimia (WC96/98)/Western Australia/Cooper West Pty Ltd

Case

[2000] NNTTA 244

30 June 2000

No judgment structure available for this case.

NATIONAL NATIVE TITLE TRIBUNAL

Albert Little and others on behalf of Badimia (WC96/98)/Western Australia/Cooper West Pty Ltd, [2000] NNTTA 244 (30 June 2000)

Application No:        WO00/161
IN THE MATTER of the Native Title Act 1993 (Cth)
- and -
IN THE MATTER of an inquiry into an expedited procedure objection application
Albert Little and others on behalf of Badimia (WC96/98) (native title party)
- and -
The State of Western Australia (Government party)
- and -
Cooper West Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:           The Hon C. J. Sumner
Place:                 Perth
Date:                  30 June 2000

Catchwords:     Native Title – future act – expedited procedure objection application – proposed grant of an amalgamation application withdrawn – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 26 January 2000, the Government party gave notice of its intention to grant amalgamation application MMAM4/990 (relating to exploration licence E58/191) to Cooper West Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 3 March 2000, Albert Little and others on behalf of Badimia (‘the native title party’) made an expedited procedure objection application to the Tribunal.

The Department of Minerals and Energy on behalf of the Government party has advised the Tribunal that on 21 June 2000, the underlying exploration licence number 58/191 was surrendered and that therefore the amalgamation application MMAM4/990 was withdrawn.

Decision

There is no longer any proposal from the Government to do the future act and accordingly the objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth) (as amended).

Hon C. J. Sumner
Deputy President
30 June 2000

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