Billy Coolibah & Ors on behalf of the Gurdanji and Garawa People (DC00/27)/Northern Territory/Ashton Mining Ltd

Case

[2001] NNTTA 83

28 August 2001


NATIONAL NATIVE TITLE TRIBUNAL

Billy Coolibah & Ors on behalf of the Gurdanji and Garawa People (DC00/27)/Northern Territory/Ashton Mining Ltd, [2001] NNTTA 83 (28 August 2001)

Application No:        DO01/59

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

- and –

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

Billy Coolibah & Ors on behalf of the Gurdanji and Garawa People (DC00/27) (native title party)

- and -

The Northern Territory of Australia (Government party)

- and –

Ashton Mining Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon CJ Sumner
Place:             Darwin
Date:              28 August 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grant of Exploration Licence - expedited procedure objection application – application for Exploration Licence withdrawn – objection application dismissed.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 7 March 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence EL/9767 to Ashton Mining Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  1. On 6 July 2001, Billy Coolibah & Ors on behalf of the Gurdanji and Garawa People (’the native title party’) made an expedited procedure objection application to the Tribunal.

  1. The Department of Mines and Energy on behalf of the Government party has advised the Tribunal that on 6 August 2001, the Exploration Licence tenement application made by Ashton Mining Ltd were 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).

The Hon CJ Sumner

Deputy President

28 August 2001

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