Mercy O'Loughlin and Others on Behalf of the Central East Goldfields People (WC99/30)/Western Australia/North Kalgurli Mines Pty Ltd & Homestake Gold of Australia Ltd

[2000] NNTTA 146

NATIONAL NATIVE TITLE TRIBUNAL

Mercy O’Loughlin and others on behalf of the Central East Goldfields People (WC99/30)/Western Australia/North Kalgurli Mines Pty Ltd & Homestake Gold of Australia Ltd, [2000] NNTTA 146 (27 March 2000)

Application No:        WO99/772

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

Mercy O’Loughlin and others on behalf of the Central East Goldfields People (WC99/30) (native title party)

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The State of Western Australia (Government party)

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North Kalgurli Mines Pty Ltd & Homestake Gold of Australia Ltd (grantee parties)

DECISION TO DISMISS OBJECTION APPLICATION

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

Catchwords: Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of miscellaneous licences – application for miscellaneous licences withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 8 September 1999, the Government party gave notice of its intention to grant miscellaneous licences 26/216 and 26/217 to North Kalgurli Mines Pty Ltd and Homestake Gold of Australia Ltd (‘the grantee parties’) 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.

The Department of Minerals and Energy on behalf of the Government party has advised the Tribunal that on 20 March 2000, the Section 29 Notice to Grant tenement applications for Miscellaneous Licences 26/216 and 26/217 was withdrawn. The State advised that the tenement applications were amended and will be processed under Section 24MD (6B) “infrastructure” provisions of the Native Title Act 1993.

Decision

There is no longer any proposal from the Government to do the 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
Member

27 March 2000