Maureen Young on Behalf of the Ngadju People (WC95/17)/Western Australia/Defiance Mining NL

[2000] NNTTA 273

NATIONAL NATIVE TITLE TRIBUNAL

Maureen Young on behalf of the Ngadju People (WC95/17)/Western Australia/Defiance Mining NL, [2000] NNTTA 273 (27 July 2000)

Application No:        WO00/030

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

Maureen Young on behalf of the Ngadju People (WC95/17) (native title party)

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The State of Western Australia (Government party)

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Defiance Mining NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              27 July 2000

Catchwords: Native Title – future act – expedited procedure objection application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On the 6 October 1999 Government party gave notice of its intention to grant exploration licence E28/866 to Defiance Mining NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 7 February 2000, Maureen Young on behalf of the Ngadju People (WC95/17) (‘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 5 July 2000 the exploration licence application made by Defiance Mining NL was discontinued.

Decision

There is no longer any proposal from the Government to do a future act and accordingly the objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth) (as amended).

Hon C. J. Sumner
Deputy President

27 July 2000