David Stock & Others on behalf of the Nyiyaparli People (WC99/4)/Western Australia/Lance Allan Doherty
[2001] NNTTA 3
•8 January 2001
NATIONAL NATIVE TITLE TRIBUNAL
David Stock & Others on behalf of the Nyiyaparli People (WC99/4)/Western Australia/Lance Allan Doherty, [2001] NNTTA 3 (8 January 2001)
Application No: WO00/253
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 -
Lance Allan Doherty (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: The Hon E.M. Franklyn QC
Place: Perth
Date: January 2001
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in an expedited procedure application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.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 9 February 2000 the Government party gave notice of its intention to grant Exploration Licence E46/471 to Lance Allan Doherty (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 25 February 2000, David Stock & Others on behalf of the Nyiyaparli 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 24 November 2000, the exploration licence application made by Lance Allan Doherty 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).
The Hon E.M. Franklyn QC
Deputy President
January 2001
0
0
0