Edna Sceghi on Behalf of the Tjupan 2 People (WC95/58)/Western Australia/Le Chem Pty Ltd

[2000] NNTTA 190

NATIONAL NATIVE TITLE TRIBUNAL

Edna Sceghi on behalf of the Tjupan # 2 People (WC95/58)/Western Australia/Le Chem Pty Ltd, [2000] NNTTA 190 (12 May 2000)

Application No:        WO98/686

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

Edna Sceghi on behalf of the Tjupan # 2 People (WC95/58) (native title party)

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The State of Western Australia (Government party)

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Le Chem Pty Ltd (Grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner, Deputy President
Place:             Perth
Date:              12 May 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in an expedited procedure application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.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 17 April 1998, the Government party gave notice of its intention to grant exploration licence E36/400 to Le Chem Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 8 June 1998, Edna Sceghi on behalf of the Tjupan # 2 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has advised the Tribunal that on 15 February 2000, the exploration licence application made by Le Chem Pty Ltd was withdrawn.

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

Deputy President

12 May 2000