Doris Ryder and Others (WC99/20)/Western Australia/Oakborough Pty Ltd

[2000] NNTTA 358

NATIONAL NATIVE TITLE TRIBUNAL

Doris Ryder and Others (WC99/20)/Western Australia/Oakborough Pty Ltd, [2000] NNTTA 358 (27 November 2000)

Application No:        WO00/349

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

Doris Ryder and Others (WC99/20) (native title party)

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The State of Western Australia (Government party)

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Oakborough Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              27 November 2000

Catchwords: Native Title – future act – expedited procedure objection application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.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 22 March 2000 the Government party gave notice of its intention to grant exploration licence 80/2480 to Oakborough Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 24 July 2000, Doris Ryder and 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 13 September 2000, the exploration licence application made by Oakborough 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) (as amended).

Hon C. J. Sumner
Deputy President

27 November 2000