Leo Thomas & Others on Behalf of the Wongutha People (WC99/1)/Western Australia/Gemcoral Holdings Pty Ltd
[2000] NNTTA 367
•8 December 2000
| NATIONAL NATIVE TITLE TRIBUNAL |
Leo Thomas & others on behalf of the Wongutha People (WC99/1)/Western Australia/Gemcoral Holdings Pty Ltd, [2000] NNTTA 367 (8 December 2000)
| Application No: WO00/67 |
| IN THE MATTER of the Native Title Act 1993 (Cth) |
| - and - |
| IN THE MATTER of an inquiry into an expedited procedure objection application |
| Leo Thomas & others on behalf of the Wongutha People (WC99/1) (native title party) |
| - and - |
| The State of Western Australia (Government party) |
| - and - |
| Gemcoral Holdings Pty Ltd (grantee party) |
| DECISION TO DISMISS OBJECTION APPLICATION |
Tribunal: The Hon C. J. Sumner
Place: Perth
Date: 8 December 2000
Catchwords: Native Title – future acts – objection to inclusion in an expedited procedure application – proposed grant of exploration licences – application for exploration licences withdrawn – objection application dismissed.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 licences E38/1301, E38/1302, E38/1303, E38/1304, E38/1305 and E38/1306 to Gemcoral Holdings Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On 7 February 2000 Mr Leo Thomas and Others on behalf of a number of the pre-combination Wongutha claimants made an expedited procedure objection application to the Tribunal. On 10 February 2000, the Wongutha combined claim was re-instated on the Register of Native Title Claims. Mr Leo Thomas and Others are therefore 'the native title party'.
The Department of Minerals and Energy on behalf of the Government party has advised the Tribunal that on 23 November 2000 the applications for exploration licences E38/1302, E38/1304, E38/1305 and E38/1306 made by Gemcoral Holdings Pty Ltd were discontinued.
On 30 November 2000 the native title party withdrew its objection to the inclusion of the two remaining exploration licences, E38/38/1301 and E38/1303, in an expedited procedure.
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
Deputy President
8 December 2000
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