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

[2001] NNTTA 135

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, [2001] NNTTA 135 (28 November 2001)

Application No:        DO01/69

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:       Hon E.M. Franklyn QC
Place:             Darwin
Date:              28 November 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proposed grant of exploration licence – expedited procedure objection application – application for exploration licence withdrawn – objection application dismissed.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 21 March 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant Exploration Licence 22663 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 23 July 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 & Resource Development on behalf of the Government party has advised the Tribunal that on 23 November 2001, 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).

The Hon E.M. Franklyn QC
Deputy President
28 November 2001