Lorraine Shandley & Others on behalf of the Gooniyandi Native Title Claimant Group (WC00/10); Butcher Wise & Others on behalf of Kurungal Native Title Claimant Group (WC97/101)/Western Australia/Western Metals Zinc Nl

[2002] NNTTA 83

NATIONAL NATIVE TITLE TRIBUNAL

Lorraine Shandley & Others on behalf of the Gooniyandi Native Title Claimant Group (WC00/10); Butcher Wise & Others on behalf of Kurungal Native Title Claimant Group (WC97/101)/Western Australia/Western Metals Zinc NL, [2002] NNTTA 83 (6 May 2002)

Application No:        WO01/278 & WO01/279

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

- and -

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

Lorraine Shandley & Others on behalf of the Gooniyandi Native Title Claimant Group (WC00/10) (WO01/278)

and

Butcher Wise & Others on behalf of Kurungal Native Title Claimant Group (WC97/101) (WO01/279) (Native Title Parties)

- and -

The State of Western Australia (Government Party)

- and -

Western Metals Zinc NL (Grantee Party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner
Place:             Perth
Date:              6 May 2002

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection applications – application for exploration licence withdrawn – objection applications dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 18 April 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence 04/1167 to Western Metals Zinc NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 20 August 2001, Lorraine Shandley & Others on behalf of the Gooniyandi Native Title Claimant Group (WO01/278) and Butcher Wise & Others on behalf of Kurungal (WO01/279) (‘the native title parties’) made an expedited procedure objection application to the Tribunal.

1. The Department of Mineral and Petroleum Resources on behalf of the Government party has advised the Tribunal by email on 23 April 2002 that the exploration licence application made by Western Metals Zinc 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).

The Hon C J Sumner
Deputy President
6 May 2002