Doug Nelson on behalf of the Ballardong Native Title Claim (WC97/56)/Western Australia/Savage Australian Exploration Pty Ltd

[2000] NNTTA 162

NATIONAL NATIVE TITLE TRIBUNAL

Doug Nelson on behalf of the Ballardong Native Title Claim (WC97/56)/Western Australia/Savage Australian Exploration Pty Ltd, [2000] NNTTA 162 (10 April 2000)

Application:   WO99/632

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 the Ballardong Native Title Claim (WC97/56) (native title party)

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The State of Western Australia (Government party)

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Savage Australian Exploration Pty Ltd (grantee party)

DETERMINATION

Tribunal:       The Hon. C.J. Sumner
Place:             Perth
Date:              10 April 2000

Catchwords: Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of two exploration licences – application for one exploration licence withdrawn – objection application dismissed – consent determination that expedited procedure is not attracted in relation to the other exploration licence.

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

REASONS FOR DETERMINATION

On 11 August 1999, the Government party gave notice of its intention to grant exploration licences E77/902 and E77/925 to Savage Australian Exploration Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 10 December 1999, Doug Nelson on the behalf of the Ballardong Native Title Claim (’the native title party’) made an expedited procedure objection application to the Tribunal.

On 22 February 2000 the Department of Minerals and Energy advised the Tribunal that the grantee party had withdrawn its application for the grant of exploration licence E77/902.

With respect to exploration licence E77/925, on 2 March 2000, the grantee party advised the Tribunal that Savage Australian Exploration Pty Ltd consented to a determination that the expedited procedure is not attracted.

Decision in relation to E77/902

As the application for exploration licence E77/902 has been withdrawn there is no longer any proposal for the Government party to do the future act and accordingly, pursuant to s 148(a) of the Native Title Act 1993 (Cth), the expedited procedure objection application is dismissed.

Determination in relation to E77/925

By consent, the determination of the Tribunal is that the grant of exploration licence E77/925 to Savage Australian Exploration Pty Ltd is not an act attracting the expedited procedure.

The Hon. C.J. Sumner
Member

10 April 2000