Billy Patch on behalf of Birriliburu Group (WC98/68)/Western Australia/Anglogold Australasia Ltd

[2001] NNTTA 66

NATIONAL NATIVE TITLE TRIBUNAL

Billy Patch on behalf of Birriliburu Group (WC98/68)/Western Australia/Anglogold Australasia Ltd, [2001] NNTTA 66 (24 July 2001)

Application No:        WO01/88

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

Billy Patch on behalf of Birriliburu Group (WC98/68) (native title party)

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The State of Western Australia (Government party)

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Anglogold Australasia Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:           The Hon C J Sumner
Place:                 Perth
Date:                  24 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grant of exploration licences – expedited procedure objection application – application for exploration licences withdrawn – objection application dismissed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

1. On 24 January 2001, the Government party gave notice of its intention to grant Exploration Licences 69/1701, 69/1702 and 69/1703 to Anglogold Australasia Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 24 May 2001, Billy Patch on behalf of Birriliburu Group (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. The Department of Mineral and Petroleum Resources on behalf of the Government party has advised the Tribunal that on 29 May 2001 the exploration licences application made by Anglogold Australasia Ltd were withdrawn.

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) (as amended).

The Hon CJ Sumner
Deputy President
24 July 2001