Charlie Lapthorne & Ors on behalf of the Thudgari People (WC97/95)/Western Australia/Star Gold Corporation Pty Ltd
[2000] NNTTA 7
•12 January 2000
NATIONAL NATIVE TITLE TRIBUNAL
Charlie Lapthorne & Ors on behalf of the Thudgari People (WC97/95)/Western Australia/Star Gold Corporation Pty Ltd, [2000] NNTTA 7 (12 January 2000)
Application: WO99/91
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 & Ors 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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Star Gold Corporation Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Deputy President E M Franklyn QC,
Place: Perth
Date: 12 January 2000
Catchwords: Native Title – future act – proposed grant of a prospecting licence - objection to inclusion in an expedited procedure application – application for grant of exploration licence withdrawn – no future act proposed – objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s148(a)
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
On or before 4 August 1999, the Government party gave notice of its intention to grant prospecting licence 09/400 to Star Gold Corporation Pty Ltd (‘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 & Ors on behalf of the Thudgari People (’the native title party’) made an objection to inclusion in an expedited application to the Tribunal.
The Department of Minerals and Energy on behalf of the Government party advised the Tribunal that on 24 November 1999, the application for Prospecting Licence 09/400 was withdrawn and that it wished to withdraw this future act from the Native Title Act process. As there is no longer a future act proposed by the Government Party the Tribunal is not entitled to deal with the objection.
Decision
The objection to inclusion in an expedited procedure application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).
Deputy President E M Franklyn QC
12 January 2000
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