Jack Dann (WC99/11)/Western Australia/Kanowna Consolidated Gold Mines NL

[2000] NNTTA 153

NATIONAL NATIVE TITLE TRIBUNAL

Jack Dann (WC99/11)/Western Australia/Kanowna Consolidated Gold Mines NL, [2000] NNTTA 153 (27 March 2000)

Application:   WO99/524

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

Jack Dann (WC99/11) (Native Title party)

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The State of Western Australia (Government party)

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Kanowna Consolidated Gold Mines NL (Grantee party)

DETERMINATION

Tribunal:       Hon C.J. Sumner
Place:             Perth
Date:              27 March 2000

Catchwords: Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of two exploration licences – application for one exploration licence withdrawn – objection application dismissed – consent determination that expedited procedure is not attracted in relation to the other exploration licence.

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

REASONS FOR DETERMINATION

On 14 July 1999 the Government party gave notice of its intention to grant exploration licences E04/1142 and E04/1144 to Kanowna Consolidated Gold Mines NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 12 November 1999 Jack Dann (‘the native title party’) made an expedited procedure objection application to the Tribunal.

On 7 February 2000 the Department of Minerals and Energy advised the Tribunal that the application for exploration licence E04/1142 had been discontinued on 3 December 1999. 

With respect to exploration licence E04/1144, on 2 March 2000, the grantee party advised the Tribunal that Kanowna Consolidated Gold Mines NL consented to a determination that the expedited procedure is not attracted.

Decision in relation to E04/1142

As the application for exploration licence E04/1142 has been discontinued there is no longer any proposal for the Government party to do the future act and accordingly, pursuant to s 148(a) of the Native Title Act 1993 (Cth) the expedited procedure objection application is dismissed.

Determination in relation to E04/1144

By consent, the determination of the Tribunal is that the grant of exploration licence E04/1144 to Kanowna Consolidated Gold Mines NL is not an act attracting the expedited procedure.

Hon C.J. Sumner
Member

27 March 2000