Harry Lansen on behalf of the Alawa Peoples (DC00/29)/Northern Territory/Gutnick Resources NL

[2001] NNTTA 157

NATIONAL NATIVE TITLE TRIBUNAL

Harry Lansen on behalf of the Alawa Peoples (DC00/29)/Northern Territory/Gutnick Resources NL, [2001] NNTTA 157 (17 December 2001)

Application No:        DO01/31

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

Harry Lansen on behalf of the Alawa Peoples (DC00/29) (native title party)

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The Northern Territory of Australia (Government party)

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Gutnick Resources NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Member Stuckey-Clarke
Place:             Darwin
Date:              17 December 2001

Catchwords:  Native Title – future act – proposed grant of exploration licence – expedited procedure objection application – application for exploration licence withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 10 January 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant Exploration Licence 22353 to Gutnick Resources NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 10 May 2001, Harry Lansen on behalf of the Alawa Peoples (‘the native title party’) made an expedited procedure objection application to the Tribunal.

1. The Department of Business, Industry and Resource Development, on behalf of the Government party has advised the Tribunal that on 27 November 2001, the exploration licence application made by Gutnick Resources NL were discontinued.

Decision

1. There is no longer any proposal from the Government party to do a future act and accordingly the objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

J.E. Stuckey-Clarke
Member

17 December 2001