Evelyn Gilla and Others on behalf of Yugunga-Nya (WC99/46)/Western Australia/Compass Resources Nl

[2001] NNTTA 25

NATIONAL NATIVE TITLE TRIBUNAL

Evelyn Gilla and Others on behalf of Yugunga-Nya (WC99/46)/Western Australia/Compass Resources NL, [2001] NNTTA 25 (29 March 2001)

Application No:        WO00/369

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 Yugunga-Nya (WC99/46) (native title party)

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The State of Western Australia (Government party)

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Compass Resources NL (grantee party) (Exploration Licence 51/897)

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in an expedited procedure application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.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 22 March 2000, the Government party gave notice of its intention to grant exploration licence 51/897 to Compass Resources NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 23 June 2000, Evelyn Gilla and Others on behalf of 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 2^nd January 2001 the exploration licence application made by Compass Resources NL was 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).

Mr Graeme Neate
President