David Daniel and Others Representing the Ngarluma and Yindjibarndi People (WC99/14)/Western Australia /Windale Nominees Pty Ltd
[2000] NNTTA 117
•10 March 2000
| NATIONAL NATIVE TITLE TRIBUNAL |
David Daniel and Others representing the Ngarluma and Yindjibarndi People (WC99/14)/Western Australia /Windale Nominees Pty Ltd, [2000] NNTTA 117 (10 March 2000)
| Application No: WO99/210 |
| IN THE MATTER of the Native Title Act 1993 (Cth) |
| - and - |
| 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) |
| - and - |
| The State of Western Australia (Government Party) |
| - and - |
| Windale Nominees Pty Ltd (Grantee Party) |
| DECISION TO DISMISS OBJECTION APPLICATION |
Tribunal: The Hon C. J. Sumner
Place: Perth
Date: 10 March 2000
Catchwords: Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.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 16 June 1999, the Government party gave notice of its intention to grant exploration licence E47/973 to Windale Nominees Pty Ltd (‘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.
The Department of Minerals and Energy on behalf of the Government party has advised the Tribunal that on 3 February 2000, the exploration licence application made by Windale Nominees Pty Ltd was withdrawn.
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
10 March 2000
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