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

[2002] NNTTA 53

NATIONAL NATIVE TITLE TRIBUNAL

Marc Johnny  (Marc Johnny & Ors for the Kunapa/Kurtinja/ Mangirriji and Kunakiji/Lurrkunu Peoples) (DC01/31)/Northern Territory/Rio Tinto Exploration Pty Ltd, [2002] NNTTA 53 (19 April 2002)

Application No:        DO01/120

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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Rio Tinto Exploration Pty Ltd (Grantee Party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Deputy President Franklyn
Place:             Darwin
Date:              19 April 2002

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proposed grant of exploration licence – expedited procedure objection application – application for exploration licence withdrawn – objection application dismissed.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 11 July 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant Exploration Licence EL/22779 to Rio Tinto 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 12 November 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 Business, Industry and Resource Development on behalf of the Government party has advised the Tribunal that on 18 April 2002, the exploration licence application made by Rio Tinto 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 EM Franklyn QC

Deputy President