Andrew Lawson on behalf of the Ngankali Native Title Claim (WC00/11)/Western Australia/BHP Minerals Pty Ltd

[2001] NNTTA 73

NATIONAL NATIVE TITLE TRIBUNAL

Andrew Lawson on behalf of the Ngankali Native Title Claim (WC00/11)/Western Australia/BHP Minerals Pty Ltd, [2001] NNTTA 73 (31 July 2001)

Application No:        WO01/20

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

Andrew Lawson on behalf of the Ngankali Native Title Claim (WC00/11) (native title party)

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The State of Western Australia (Government party)

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BHP Minerals Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner
Place:             Perth
Date:              31 July 2001

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grant of exploration licences - expedited procedure objection application – application for exploration licences withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 1 November 2000, the Government party gave notice of its intention to grant exploration licences E69/1645, E69/1646 to BHP Minerals Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 1 March 2001, Andrew Lawson on behalf of the Ngankali Native Title Claim (’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 13 July 2001, the exploration licence applications made by Ian Wallace (BHP Minerals Pty Ltd) were discontinued.

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).

The Hon CJ Sumner
Deputy President
 July 2001