Charlie Lapthorne and Others on Behalf of the Thudgari People (WC97/95)/Western Australia/Jose Gomes Da Silva

[2000] NNTTA 91

NATIONAL NATIVE TITLE TRIBUNAL

Charlie Lapthorne and others on behalf of the Thudgari People (WC97/95)/Western Australia/Jose Gomes Da Silva, [2000] NNTTA 91 (2 March 2000)

Application No:        WO99/90

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

Charlie Lapthorne and others on behalf of the Thudgari People (WC97/95) (native title party)

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The State of Western Australia (Government party)

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Jose Gomes Da Silva (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              2 March 2000

Catchwords: Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of an prospecting licence – application for prospecting licence withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 2 June 1999, the Government party gave notice of its intention to grant Prospecting licence 09/395 to Jose Gomes Da Silva (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 1 September 1999, Charlie Lapthorne and others on behalf of the Thudgari People (’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 17 February 2000, the prospecting licence application made Jose Gomes Da Silva was 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) (as amended).

Hon C. J. Sumner
Member

2 March 2000