James Edward Dimer on behalf of the Esperance Nyungar People (WC96/64)/Western Australia/Defiance Mining NL

[2001] NNTTA 4

NATIONAL NATIVE TITLE TRIBUNAL

James Edward Dimer on behalf of the Esperance Nyungar People (WC96/64)/Western Australia/Defiance Mining NL, [2001] NNTTA 4 (9 January 2001)

Application No:        WO00/380

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

James Edward Dimer on behalf of the Esperance Nyungar People (WC96/64) (Native Title party)

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The State of Western Australia (Government party)

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Defiance Mining NL (Grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              9 January 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in an expedited procedure application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.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 31 May 2000, the Government party gave notice of its intention to grant exploration licence E63/725 to Defiance Mining NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 25 August 2000, James Edward Dimer on behalf of the Esperance Nyungar People (’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 28 December 2000, the exploration licence application made by Defiance Mining 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).

The Hon C. J. Sumner
Deputy President

9 January 2001