Albert Little & Others on Behalf of Badimia (WC96/98)/Western Australia/Marymia Exploration Nl

[2000] NNTTA 274

NATIONAL NATIVE TITLE TRIBUNAL

Albert Little & Others on behalf of Badimia (WC96/98)/Western Australia/Marymia Exploration NL, [2000] NNTTA 274 (27 July 2000)

Application No:        WO99/845

IN THE MATTER of the Native Title Act 1993 (Cth)

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IN THE MATTER of an inquiry into an expedited procedure objection application

Albert Little & Others on behalf of Badimia (WC96/98) (native title party)

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The State of Western Australia (Government party)

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Marymia Exploration NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              27 July 2000

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procedure objection application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 6 October 1999, the Government party gave notice of its intention to grant exploration licence 59/961 to Marymia Exploration NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 1 November 1999, Albert Little & 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 12 July 2000, the exploration licence application made by Marymia Exploration NL was discontinued.

Decision

There is no longer any proposal from the Government to do a 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

27 July 2000