Jacob Moore Kapetj (Jacob Moore Kapetj & Others) (DC00/10)/Northern Territory/Rio Tinto Exploration Pty Ltd
[2002] NNTTA 51
•19 April 2002
NATIONAL NATIVE TITLE TRIBUNAL
Jacob Moore Kapetj (Jacob Moore Kapetj & Others) (DC00/10)/Northern Territory/Rio Tinto Exploration Pty Ltd, [2002] NNTTA 51 (19 April 2002)
Application No: DO01/72
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
Jacob Moore Kapetj (Jacob Moore Kapetj & Others) (DC00/10) (Native Title Party)
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The Northern Territory of Australia (Government Party)
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Rio Tinto Exploration Pty Ltd (Grantee Party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: The Hon C J Sumner
Place: Darwin
Date: 19 April 2002
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proposed grant of exploration licence – expedited procedure objection application – application for exploration licence withdrawn – objection application dismissed.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
On 8 August 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant EL/23056 to Rio Tinto Exploration Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 27 August 2001, Jacob Moore Kapetj (Jacob Moore Kapetj & Ors) (‘the native title party’) made an expedited procedure objection application to the Tribunal.
The Department of Business, Industry and Resource Development on behalf of the Government party has advised the Tribunal that on 17 April 2002, the exploration licence application made by Rio Tinto Exploration Pty Ltd was discontinued.
Decision
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).
The Hon C.J. Sumner
Deputy President
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