Dorothy Bandy and Others on Behalf of the Badimia People (WC96/98)/Western Australia/Horizon Mining NL

[2000] NNTTA 365

NATIONAL NATIVE TITLE TRIBUNAL

Dorothy Bandy and Others on behalf of the Badimia People (WC96/98)/Western Australia/Horizon Mining NL, [2000] NNTTA 365 (6 December 2000)

Application No:        WO99/408

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

Dororthy Bandy and Others on behalf of the Badimia People (WC96/98) (native title party)

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The State of Western Australia (Government party)

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Horizon Mining NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Member J Stuckey-Clarke
Place:             Sydney
Date:              6 December 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procedure objection application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.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 25 August 1999, the Government party gave notice of its intention to grant exploration licence E59/940 to Horizon Mining NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 8 September 1999, Dorothy Bandy and others on behalf of the Badimia 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 applications made by Horizon Mining NL 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).

Ms J. Stuckey-Clarke

Member

6 December 2000