Archie Allen and ors on behalf of the Kunapa/Kurtinja/Mangirriji, Jalajirrpa, Yapa Yapa and Pirrtangu Peoples (DC01/5)/Northern Territory/Rio Tinto Exploration Pty Ltd

[2001] NNTTA 138

NATIONAL NATIVE TITLE TRIBUNAL

Archie Allen and ors on behalf of the  Kunapa/Kurtinja/Mangirriji, Jalajirrpa, Yapa Yapa  and Pirrtangu Peoples  (DC01/5)/Northern Territory/Rio Tinto Exploration Pty Ltd, [2001] NNTTA 138 (28 November 2001)

Application No:        DO01/87

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

Archie Allen and ors on behalf of the  Kunapa/Kurtinja/Mangirriji, Jalajirrpa, Yapa Yapa  and Pirrtangu Peoples  (DC01/5) (native title party)

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The Northern Territory of Australia (Government party)

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Rio Tinto Exploration Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Professor Doug Williamson QC
Place:             Darwin          
Date:              28 November 2001

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proposed grant of exploration licence – expedited procedure objection application – application for exploration licence withdrawn – objection application dismissed.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 16 May 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant Exploration Licence 22665 to Rio Tinto Exploration Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 17 September 2001, Archie Allen and ors on behalf of the  Kunapa/Kurtinja/Mangirriji, Jalajirrpa, Yapa Yapa  and Pirrtangu Peoples  (‘the native title party’) made an expedited procedure objection application to the Tribunal.

1. The Department of Business, Industry and Resource Development behalf of the Government party has advised the Tribunal that on 27 November 2001, the exploration licence application made by Rio Tinto Exploration Pty Ltd was discontinued.

Decision

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

Professor Doug Williamson QC
Member
28 November 2001