Doug Nelson on behalf of Ballardong (WC97/56)/Western Australia/Sons of Gwalia Ltd

[2001] NNTTA 16

NATIONAL NATIVE TITLE TRIBUNAL

Doug Nelson on behalf of Ballardong (WC97/56)/Western Australia/Sons of Gwalia Ltd, [2001] NNTTA 16 (8 February 2001)

Application No:        WO00/414

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

Doug Nelson on behalf of Ballardong (WC97/56) (native title party)

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The State of Western Australia (Government party)

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Sons of Gwalia Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              8 February 2001

Catchwords: Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of exploration licences – application for exploration licences withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 20 September 2000, the Government party gave notice of its intention to grant Exploration Licences E77/1027 and E77/1028 to Sons of Gwalia Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 25 October 2000, Doug Nelson on behalf of Ballardong Native Title Claim WC97/56 (‘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 31 January 2001, the exploration licence applications made by Sons of Gwalia Ltd were 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).

Hon C.J. Sumner
Deputy President
8 February 2001