Jorna Murphy Nappangardi, Murphy Jappanangka and Others on behalf of the Alyawarr, Kaytetye, Warumungu Wakaya Peoples (DC95/3) (Do01/95); Pilot Carr Jungarrayi, Christine Wickham Nappangarti and Others on behalf of..

[2002] NNTTA 22

NATIONAL NATIVE TITLE TRIBUNAL

Jorna Murphy Nappangardi, Murphy Jappanangka and Others on behalf of the Alyawarr, Kaytetye, Warumungu Wakaya Peoples (DC95/3) (DO01/95); Pilot Carr Jungarrayi, Christine Wickham Nappangarti and Others on behalf of the Warumungu, Wakaya and Alyawarr People (DC01/17) (DO01/96)/Northern Territory/McCleary Investments Pty Ltd, [2002] NNTTA 22 (22 February 2002)

Application No:        DO01/95 and DO01/96

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

Jorna Murphy Nappangardi, Murphy Jappanangka and Others on behalf of the  Alyawarr, Kaytetye, Warumungu Wakaya Peoples (DC95/3) (DO01/95)

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Pilot Carr Jungarrayi, Christine Wickham Nappangarti and Others on behalf of the Warumungu, Wakaya and Alyawarr People (DC01/17) (DO01/96) (Native Title Parties)

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The Northern Territory of Australia (Government Party)

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McCleary Investments Pty Ltd (Grantee Party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner
Place:             Darwin
Date:              22 February 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proposed grant of exploration licence – expedited procedure objection application – application for exploration licence withdrawn – objection application dismissed.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

1. On 30 May 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant Exploration Licence EL/9711 to McCleary Investments Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 28 September 2001, Jorna Murphy Nappangardi, Murphy Jappanangka  and ors on behalf of the  Alyawarr, Kaytetye, Warumungu Wakaya Peoples (DO01/95) and Pilot Carr Jungarrayi, Christine Wickham Nappangarti and ors on behalf of the Alyawarr, Kaytetye, Warumungu Wakaya Peoples (DO01/96) (‘the native title parties’) made an expedited procedure objection application to the Tribunal.

1. The Department of Business, Industry and Resource Development on behalf of the Government party has advised the Tribunal that on 20 February 2002, the exploration licence application made by McCleary Investments Pty Ltd was discontinued.

Decision

1. 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 CJ Sumner

Deputy President
22 February 2002