Jacky Green & Leslie Hogan on behalf of the Garawa and Kurdanji People (DC01/51)/ Northern Territory/Admiralty Resources NL

[2002] NNTTA 162

NATIONAL NATIVE TITLE TRIBUNAL

Jacky Green & Leslie Hogan on behalf of the Garawa and Kurdanji People (DC01/51)/ Northern Territory/Admiralty Resources NL, [2002] NNTTA 162 (8 August 2002)

Application No:        DO02/58

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

Jacky Green & Leslie Hogan on behalf of the Garawa and Kurdanji People (DC01/51) (native title party)

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The Northern Territory of Australia (Government party)

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Admiralty Resources NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon C J Sumner, Deputy President
Place:             Darwin
Date:              8 August 2002

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection application – Tribunal has no jurisdiction – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 20 February 2002, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant EL/10417 to Admiralty Resources NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 20 June 2002, Jacky Green & Leslie Hogan on behalf of the Garawa and Kurdanji People (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. The Department of Business, Industry and Resource Development on behalf of the Government party has advised the Tribunal that on 7 August 2002, the exploration licence application made by Admiralty Resources NL was discontinued.

Decision

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

Hon C J Sumner
Deputy President
8 August 2002