Angus Abdullah & Others on behalf of Njamal (WC99/8)/Western Australia/Jonathon Charles Downes

[2002] NNTTA 199

NATIONAL NATIVE TITLE TRIBUNAL

Angus Abdullah & Others on behalf of Njamal (WC99/8)/Western Australia/Jonathon Charles Downes, [2002] NNTTA 199 (6 September 2002)

Application No:        WO02/108

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

Angus Abdullah & Others on behalf of Njamal (WC99/8) (native title party)

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The State of Western Australia (Government party)

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Jonathon Charles Downes (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:           Graeme Neate, President
Place:                 Perth
Date:                  6 September 2002

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proposed grant of exploration licence – expedited procedure objection application – application for exploration licence withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 28 November 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E45/2343 to Jonathon Charles Downes (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 25 February 2002, Angus Abdullah & Others on behalf of Njamal (‘the native title party’) made an expedited procedure objection application to the Tribunal.

1. The Department of Mineral and Petroleum Resources on behalf of the Government party has advised the Tribunal that on 12 August 2002, the exploration licence application made by Jonathon Charles Downes was discontinued.

Decision

1. The objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Graeme Neate
President
6 September 2002