David Stock & Others on Behalf of the Nyiyaparli People (WC99/4)/Western Australia/Charles Ernest Foote, Heather Rosemary Foote, Herbert Nicholas Foote
[2000] NNTTA 329
•6 October 2000
| NATIONAL NATIVE TITLE TRIBUNAL |
David Stock & Others on behalf of the Nyiyaparli People (WC99/4)/Western Australia/Charles Ernest Foote, Heather Rosemary Foote, Herbert Nicholas Foote, [2000] NNTTA 329 (6 October 2000)
| Application No: WO99/837 |
| IN THE MATTER of the Native Title Act 1993 (Cth) |
| - and - |
| IN THE MATTER of an inquiry into an expedited procedure objection application |
| David Stock & Others on behalf of the Nyiyaparli People (WC99/4) (native title party) |
| - and - |
| The State of Western Australia (Government party) |
| - and - |
| Charles Ernest Foote, Heather Rosemary Foote, Herbert Nicholas Foote (grantee party) |
| DECISION TO DISMISS OBJECTION APPLICATION |
Tribunal: The Hon C. J. Sumner
Place: Perth
Date: 6 October 2000
Catchwords: Native Title – future act – expedited procedure objection application – proposed grant of an amalgamation application withdrawn – objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s 148(a)
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
On 6 October 1999, the Government party gave notice of its intention to grant amalgamation application MEAM05/990 (relating to exploration licence 52/1318) to Charles Ernest Foote, Heather Rosemary Foote and Herbert Nicholas Foote (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 29 October 1999, David Stock and Others on behalf of the Nyiyaparli People (‘the native title party’) made an expedited procedure objection application to the Tribunal.
On 13 September 2000, the Department of Minerals and Energy on behalf of the Government party advised the Tribunal that the underlying exploration licence number 52/1318 was forfeited and that therefore the amalgamation application MEAM05/990 lapsed.
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) (as amended).
Hon C. J. Sumner
Deputy President
6 October 2000
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