Kevin Peter Walley and Others on behalf of the Ngoonooru Wadjari People (WC99/17)/Western Australia/Australasian Gold Mines Nl

Case

[2000] NNTTA 87

2 March 2000

No judgment structure available for this case.

NATIONAL NATIVE TITLE TRIBUNAL

Kevin Peter Walley and Others on behalf of the Ngoonooru Wadjari People (WC99/17)/Western Australia/Australasian Gold Mines NL, [2000] NNTTA 87
(2 March 2000)

Application:   WO99/286

IN THE MATTER of the Native Title Act 1993 (Cth)

- and -

IN THE MATTER of an inquiry into an expedited procedure objection application

Kevin Peter Walley and Others on behalf of the Ngoonooru Wadjari People (WC99/17)
(native title party)

- and -

The State of Western Australia (Government party)

- and -

Australasian Gold Mines NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C.J. Sumner
Place:             Perth
Date:              2 March 2000

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in an expedited procedure application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.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 30 June 1999, the Government party gave notice of its intention to grant Exploration Licence 51/881 to Australasian Gold Mines NL and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 26 October 1999, Kevin Peter Walley and Others on behalf of the Ngoonooru Wadjari 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 22 February 2000, the grantee party withdrew its application for the grant of the exploration licence.

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).

The Hon C.J. Sumner
Member
2 March 2000

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