Maggie John and Others on behalf of the Malarngowem Native Title Claim Group (WC99/44)/Western Australia/Harry G Schulda & Philip Ashley White

[2001] NNTTA 26

NATIONAL NATIVE TITLE TRIBUNAL

Maggie John and Others on behalf of the Malarngowem Native Title Claim Group (WC99/44)/Western Australia/Harry G Schulda & Philip Ashley White, [2001] NNTTA 26 (29 March 2001)

Application No:        WO99/872

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

Maggie John and Others on behalf of the Malarngowem Native Title Claim Group (WC99/44) (native title party)

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The State of Western Australia (Government party)

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Harry G Schulda & Philip Ashley White (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Graeme Neate
Place:             Perth
Date:              29 March 2001

Catchwords: Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of an mineral tenement application – application for mineral tenement application withdrawn – objection application dismissed.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 Licence 80/2464 to Harry G Schulda & Philip Ashley White (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 24 November 1999, Maggie John and Others on behalf of Malarngowem Native Title Claim Group (’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 December 2000, the mineral tenement application made by Harry G Schulda & Philip Ashley White was discontinued.

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).

Graeme Neate
President