Maggie John and others (WC99/44)/Western Australia/Fodina Minerals Pty Ltd

Case

[2001] NNTTA 7

17 January 2001

No judgment structure available for this case.

NATIONAL NATIVE TITLE TRIBUNAL

Maggie John and others (WC99/44)/Western Australia/Fodina Minerals Pty Ltd, [2001] NNTTA 7 (17 January 2001)

Application No:        WO99/871

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 (WC99/44) (Native Title Party)

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The State of Western Australia (Government Party)

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Fodina Minerals Pty Ltd (Grantee Party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              17 January 2001

Catchwords: Native Title – future act – 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in an expedited procedure application – proposed grant of exploration licences – application for exploration licences withdrawn – objection application dismissed.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 80/2487 and 80/2488 to Fodina Minerals Pty Ltd (‘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 (‘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 12 December 2000 the application for Exploration Licence 80/2488 made by Fodina Minerals Pty Ltd was discontinued and on 20 November 2000 the application for Exploration Licence 80/2487 made by Fodina Minerals Pty Ltd was also discontinued.

Decision

There is no longer any proposal from the Government to do the future acts 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

17 January 2001

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