Jeffrey James and Others on Behalf of the Martu People (WC96/78)/Western Australia/August Ventures Pty Ltd

[2000] NNTTA 169

NATIONAL NATIVE TITLE TRIBUNAL

Jeffrey James and Others on behalf of the Martu People (WC96/78)/Western Australia/August Ventures Pty Ltd, [2000] NNTTA 169 (10 April 2000)

Application No:        WO99/600

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

Jeffrey James and Others on behalf of the Martu People (WC96/78) (native title party)

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The State of Western Australia (Government party)

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August Ventures Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              10 April 2000

Catchwords: Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of an exploration licence – application for exploration licence application discontinued – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 6 October 1999, the Government party gave notice of its intention to grant exploration licence 45/2159 to August Ventures Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 2 December 1999, Jeffrey James and Others on behalf of the Martu 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 3 April 2000 the exploration licence application made by August Ventures Pty Ltd was discontinued.

Decision

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

Hon C. J. Sumner
Member

10 April 2000