Dorothy Bandy and Others (WC96/98)/Western Australia/Thomas Christopher O'Shaughnessy

[2000] NNTTA 172

NATIONAL NATIVE TITLE TRIBUNAL

Dorothy Bandy and Others (WC96/98)/Western Australia/Thomas Christopher O’Shaughnessy, [2000] NNTTA 172 (17 April 2000)

Application No:        WO99/225

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

Dorothy Bandy and Others (WC96/98) (native title party)

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The State of Western Australia (Government party)

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Thomas Christopher O’Shaughnessy (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              17 April 2000

Catchwords: Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of an Prospecting licence – application for Prospecting licence discontinued – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 14 July 1999, the Government party gave notice of its intention to grant prospecting licence 58/1109 to Thomas Christopher O’Shaughnessy (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 8 September 1999 Ms Dorothy Bandy 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 21 March 2000, the prospecting licence application made by Thomas Christopher O’Shaughnessy 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).

Hon C. J. Sumner
Member

17 April 2000