Kevin Walley & others on behalf of the Ngoonooru Wadjari People (WC99/17)/Western Australia/Australasian Gold Mines

[2001] NNTTA 84

NATIONAL NATIVE TITLE TRIBUNAL

Kevin Walley & others on behalf of the Ngoonooru Wadjari People (WC99/17)/Western Australia/Australasian Gold Mines, [2001] NNTTA 84 (30 August 2001)

Application No:        WO00/105

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

- and –

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

Kevin Walley & 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 (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:           Hon C J Sumner
Place:                 Perth
Date:                  30 August 2001

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proposed grant of exploration licence – expedited procedure objection application – application for exploration licence withdrawn – objection application dismissed.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 20 October 1999, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence 51/891 to Australasian Gold Mines NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 18 February 2000, Kevin Walley & others on behalf of the Ngoonooru Wadjari People (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. The Department of Mineral and Petroleum Resources on behalf of the Government party has advised the Tribunal that on 20 August 2001, the exploration licence application made by Australasian Gold Mines NL 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).

Hon C J Sumner
Deputy President
30 August 2001