Dolores Cheinmora & Others (WC95/30)/Western Australia/Douglas Mitchell Pty Ltd

[2001] NNTTA 21

NATIONAL NATIVE TITLE TRIBUNAL

Dolores Cheinmora & Others (WC95/30)/Western Australia/Douglas Mitchell Pty Ltd, [2001] NNTTA 21 (23 March 2001)

Application No:        WO00/254

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

Dolores Cheinmora & Others (WC95/30) (native title party)

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The State of Western Australia (Government party)

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Douglas Mitchell Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                The Hon C.J. Sumner
Place:  Perth
Date:  23 March 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in an expedited procedure application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.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 E80/2479 to Douglas Mitchell Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 25 May 2000, Dolores Cheinmora & Others (‘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 14 February 2001, the exploration licence application made by Douglas Mitchell Pty Ltd was discontinued.

Decision

There is no longer any proposal from the Government 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).

The Hon. C.J. Sumner
Deputy President
23 March 2001