Dudley Wabbie and Others on Behalf of the Palyku People (WC99/6)/Western Australia/Randolph Resources Pty Ltd

[2000] NNTTA 85

NATIONAL NATIVE TITLE TRIBUNAL

Dudley Wabbie and others on behalf of the Palyku People (WC99/6)/Western Australia/Randolph Resources Pty Ltd, [2000] NNTTA 85 (29 February 2000)

Application:   WO99/88

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

Dudley Wabbie and others on behalf of the Palyku People (WC99/6)
(Native Title Party)

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The State of Western Australia (Government Party)

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Randolph Resources Pty Ltd (Grantee Party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              29 February 2000

Catchwords: Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.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 2 June 1999, the Government party gave notice of its intention to grant Exploration licence 46/459 to Randolph Resources Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 2 September 1999, Dudley Wabbie and others on behalf of the Palyku 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 16 February 2000, the grantee party withdrew its application to the grant of the exploration licence.

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).

The Hon C.J. Sumner.
Member
29 February 2000