David Daniel and others representing the Ngarluma and Yindjibarndi People (WC99/14)/Western Australia/Graham Down and Edward Charles Westaway
[2000] NNTTA 82
•28 February 2000
NATIONAL NATIVE TITLE TRIBUNAL
David Daniel and others representing the Ngarluma and Yindjibarndi People (WC99/14)/Western Australia/Graham Down and Edward Charles Westaway, [2000] NNTTA 82 (28 February 2000)
Application: WO99/209
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
David Daniel and others representing the Ngarluma and Yindjibarndi People (WC99/14) (Native Title Party)
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The State of Western Australia (Government Party)
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Graham Down and Edward Charles Westaway (Grantee Party)
DECISION TO DISMISS AN OBJECTION APPLICATION
Tribunal: Hon E. M. Franklyn QC, Deputy President
Place: Perth
Date: February 28, 2000
Catchwords: Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of an prospecting licence – application for prospecting licence refused – objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s148(a)
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
On 2 June 1999 the Government party gave notice of its intention to grant Special Prospecting Licence 47/1100 to Graham Down and Edward Charles Westaway (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 1 October 1999, David Daniel and others representing the Ngarluma and Yindjibarndi People (‘the native title party’) made an expedited procedure objection application to the Tribunal.
On 24 February 2000 the prospecting licence application made by Graham Down and Edward Charles Westaway was refused by the Marble Bar Mining Registrar.
Decision
There is no longer any proposal from the Government to do the future act and accordingly the objection application is dismissed pursuant to s148(a) of the Native Title Act 1993 (Cth) (as amended).
Hon. E. M. Franklyn QC
Deputy President
February 28, 2000
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