David Stock & Others on behalf of Nyiyaparli (WC99/4)/Western Australia/Caldera Resources Pty Ltd
[2001] NNTTA 92
•7 September 2001
NATIONAL NATIVE TITLE TRIBUNAL
David Stock & Others on behalf of Nyiyaparli (WC99/4)/Western Australia/Caldera Resources Pty Ltd, [2001] NNTTA 92 (7 September 2001)
Application No: WO01/24
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 Stock & Others on behalf of Nyiyaparli (WC99/4) (native title party)
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The State of Western Australia (Government party)
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Caldera Resources Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Hon C J Sumner
Place: Perth
Date: 7 September 2001
Catchwords: Native Title – future act – proposed grant of exploration licence – expedited procedure objection application – application for exploration licence withdrawn – objection application dismissed.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 15 November 2000, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E52/1523 to Caldera Resources Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 14 February 2001, David Stock & Others on behalf of Nyiyaparli (‘the native title party’) made an expedited procedure objection application to the Tribunal.
The Department of Mineral and Petroleum Resources on behalf of the Government party has advised the Tribunal that on 15 August 2001, the exploration licence application made by Caldera Resources Pty Ltd was discontinued.
Decision
There is no longer any proposal from the Government party to do a future act and accordingly the objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).
Hon CJ Sumner
Deputy President
7 September 2001
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