Clarrie Smith and Others on Behalf of Nharnuwangga, Wajarri and Ngarlawangga People (WC99/13)/Western Australia/Sitaman Pty Ltd

Case

[2000] NNTTA 247

4 July 2000

No judgment structure available for this case.

NATIONAL NATIVE TITLE TRIBUNAL

Clarrie Smith and Others on behalf of Nharnuwangga, Wajarri and Ngarlawangga people (WC99/13)/Western Australia/Sitaman Pty Ltd, [2000] NNTTA 247 (4 July 2000)

Application No:      WO00/251
IN THE MATTER of the Native Title Act 1993 (Cth)
- and -
IN THE MATTER of an inquiry into an expedited procedure objection application
Clarrie Smith and Others on behalf of Nharnuwangga, Wajarri and Ngarlawangga people (WC99/13) (native title party)
- and -
The State of Western Australia (Government party)
- and -
Sitaman Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:     The Hon C. J. Sumner, Deputy President
Place:            Perth
Date:             4 July 2000

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procedure objection application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 9 February 2000, the Government party gave notice of its intention to grant exploration licence 52/1487 to Sitaman Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 3 May 2000, Clarrie Smith and Others on behalf of Nharnuwangga, Wajarri and Ngarlawangga 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 16 June 2000, the exploration licence application made by Sitaman Pty Ltd 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
Deputy President
4 July 2000

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