Delores Cheinmora & Others on behalf of Balanggarra Native Title Claimants/Western Australia/Bauxite Australia Pty Ltd
[2008] NNTTA 43
•3 April 2008
NATIONAL NATIVE TITLE TRIBUNAL
Delores Cheinmora & Others on behalf of Balanggarra Native Title Claimants/Western Australia/Bauxite Australia Pty Ltd, [2008] NNTTA 43 (3 April 2008)
Application No: WO06/567
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
Delores Cheinmora & Others on behalf of Balanggarra Native Title Claimants – (WC99/47) (native title party)
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The State of Western Australia (Government party)
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Bauxite Australia Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date: 3 April 2008
Catchwords: Native title – future act – proposed grant of exploration licence - expedited procedure objection application – application for exploration licence withdrawn – Tribunal has no jurisdiction – objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s 148(a)
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On 5 July 2006, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E80/3597 to Bauxite Australia Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 6 November 2006, Delores Cheinmora & Others on behalf of Balanggarra Native Title Claimants (‘the native title party’) made an expedited procedure objection application to the Tribunal.
The Department of Industry and Resources on behalf of the Government Party has advised the Tribunal that on 5 March 2008 the exploration licence application made by Bauxite Australia Pty Ltd in relation to E80/3597 was discontinued on 19 February 2008.
Decision
There is no longer any proposal from the Government party to do a future act and accordingly the objection application WO06/567 is dismissed pursuant to s 148(a) of the Native Title Act 1993.
Hon C J Sumner
Deputy President
3 April 2008
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