Mercy O'Loughlin and Others on Behalf of the Central East Goldfields People (WC99/30)/Western Australia/Murrin Murrin East Pty Ltd

Case

[2000] NNTTA 173

17 April 2000

No judgment structure available for this case.

NATIONAL NATIVE TITLE TRIBUNAL

Mercy O’Loughlin and others on behalf of the Central East Goldfields People (WC99/30)/Western Australia/Murrin Murrin East Pty Ltd, [2000] NNTTA 173 (17 April 2000)

Application No:        WO99/773
IN THE MATTER of the Native Title Act 1993 (Cth)
- and -
IN THE MATTER of an inquiry into an expedited procedure objection application
Mercy O’Loughlin and others on behalf of the Central East Goldfields People (WC99/30) (native title party)
- and -
The State of Western Australia (Government party)
- and -
Murrin Murrin East Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              17 April 2000

Catchwords: Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of miscellaneous licences – The Native Title claim WC99/30 does not cover miscellaneous licences 37/97 and 37/98 – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 25 August 1999, the Government party gave notice of its intention to grant miscellaneous licences 37/97 and 37/98 to Murrin Murrin East Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 10 December 1999, Mercy O’Loughlin and others on behalf of the Central East Goldfields People (’the native title party’) made an expedited procedure objection application to the Tribunal.

Spatial information produced by the Geospatial Analysis and Mapping Unit of the National Native Title Tribunal, based on data supplied by the Land Claims Mapping Unit, the Department of Land Administration and the Department of Minerals and Energy shows that the claim WC99/30 does not overlap miscellaneous licences 37/97 and 37/98.

Decision

The Native Title claim WC99/30 does not cover miscellaneous licences 37/97 and 37/98 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
Member

17 April 2000

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