Marc Johnny (Marc Johnny & Ors for the Kunapa/Kurtinja/ Mangirriji and Kunakiji/Lurrkunu Peoples) (DC01/31)/Northern Territory/Giants Reef Exploration Pty Ltd

[2001] NNTTA 116

NATIONAL NATIVE TITLE TRIBUNAL

Marc Johnny (Marc Johnny & Ors for the Kunapa/Kurtinja/ Mangirriji and Kunakiji/Lurrkunu Peoples) (DC01/31)/Northern Territory/Giants Reef Exploration Pty Ltd, [2001] NNTTA 116 (22 October 2001)

Application No:        DO01/49

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

Marc Johnny  (Marc Johnny & Ors for the Kunapa/Kurtinja/ Mangirriji and Kunakiji/Lurrkunu Peoples) (DC01/31) (native title party)

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The Northern Territory of Australia (Government party)

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Giants Reef Exploration Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon C J Sumner
Place:             Darwin
Date:              22 October 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proposed grant of exploration licence – expedited procedure objection application – application for exploration licence withdrawn – objection application dismissed.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 7 February 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence EL/10413 to Giants Reef Exploration Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 7 June 2001, Marc Johnny  (Marc Johnny & Ors for the Kunapa/Kurtinja/ Mangirriji and Kunakiji/Lurrkunu Peoples) (‘the native title party’) made an expedited procedure objection application to the Tribunal.

1. The Department of Mines and Energy on behalf of the Government party has advised the Tribunal that on 16 October 2001, the exploration licence application made by Giants Reef Exploration Pty Ltd 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
22 October 2001