Elvis Stokes and Others on Behalf of the Central East People (WC99/30)/Western Australia/Western Diamond Corporation Nl

Case

[2000] NNTTA 233

19 June 2000

No judgment structure available for this case.

NATIONAL NATIVE TITLE TRIBUNAL

Elvis Stokes and others on behalf of the Central East People (WC99/30)/Western Australia/Western Diamond Corporation NL, [2000] NNTTA 233 (19 June 2000)

Application No:        WO00/101
IN THE MATTER of the Native Title Act 1993 (Cth)
- and -
IN THE MATTER of an inquiry into an expedited procedure objection application
Elvis Stokes and others on behalf
of the Central East People (WC99/30) (native title party)
- and -
The State of Western Australia (Government party)
- and -
Western Diamond Corporation NL (Grantee party)
DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              19 June 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in an expedited procedure application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.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 1st October 1999, the Government party gave notice of its intention to grant exploration licence 29/372 to Western Diamond Corporation NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 7th February 2000, Elvis Stokes and others on behalf of the Central East 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 8th June 2000, the exploration licence application made by Western Diamond Corporation NL 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
Deputy President

19 June 2000

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