Evelyn Gilla and Others on behalf of the Yugunga-Nya (WC99/46)/Western Australia/Judicial Holdings Pty Ltd

[2001] NNTTA 24

NATIONAL NATIVE TITLE TRIBUNAL

Evelyn Gilla and Others on behalf of the Yugunga-Nya (WC99/46)/Western Australia/Judicial Holdings Pty Ltd, [2001] NNTTA 24 (29 March 2001)

Application No:        WO00/390

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

Evelyn Gilla and Others on behalf of the Yugunga-Nya (WC99/46) (native title party)

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The State of Western Australia (Government party)

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Judicial Holdings Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Graeme Neate
Place:             Perth
Date:              29 March 2001

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application – proposed grant of an mineral tenement application – application for mineral tenement application withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 12 July 2000, the Government party gave notice of its intention to grant Prospecting Licences 20/1818, 20/1819, 20/1820 to Judicial Holdings Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 14 July 2000, Evelyn Gilla and Others on behalf of the Yugunga-Nya ‘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^th February 2001 the mineral tenement applications made by Judicial Holdings Pty 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).

Graeme Neate
President