Maureen Young on behalf of the Ngadju People (WC95/17)/Western Australia/Mount Burgess Gold Mining Co NL

[2001] NNTTA 75

NATIONAL NATIVE TITLE TRIBUNAL

Maureen Young on behalf of the Ngadju People (WC95/17)/Western Australia/Mount Burgess Gold Mining Co NL, [2001] NNTTA 75 (6 August 2001)

Application No:        WO00/403

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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Mount Burgess Gold Mining Co NL  (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner
Place:             Perth
Date:              6 August 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proposed grant of exploration licence - expedited procedure objection application – application for exploration licence withdrawn – objection application dismissed.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

On 28 June 2000, the Government party gave notice of its intention to grant exploration licence E63/739 to Mount Burgess Gold Mining Co NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 24 October 2000, Maureen Young on behalf of the Ngadju People (’the native title party’) made an expedited procedure objection application to the Tribunal.

The Department of Mineral and Petroleum Resources on behalf of the Government party has advised the Tribunal that on 5 June 2001, the exploration licence application made by Mount Burgess Gold Mining Co 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).

The Hon C J Sumner
Deputy President
6 August 2001