Mercy O’Loughlin & Ors on behalf of the Central East Goldfields People (WC99/30)/Western Australia/Kanowna Consolidated Gold Mines Nl
[2000] NNTTA 48
•11 February 2000
NATIONAL NATIVE TITLE TRIBUNAL
Mercy O’Loughlin & Ors on behalf of the Central East Goldfields People (WC99/30)/Western Australia/Kanowna Consolidated Gold Mines NL, [2000] NNTTA 48 (11 February 2000)
Application: WO99/536
IN THE MATTER of the Native Title Act 1993 (Cth)
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IN THE MATTER of objections to inclusion in an expedited procedure
Mercy O’Loughlin & Ors on behalf of the Central East Goldfields People (WC99/30) (native title parties)
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The State of Western Australia (Government party)
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Kanowna Consolidated Gold Mines NL (Grantee party)
DECISION FOR DISMISSING AN OBJECTION APPLICATION
Tribunal: Hon C.J. Sumner
Place: Perth
Date: 11 February 2000
Catchwords: Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s148(a)
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
On or before 23rd July 1999, the Government party gave notice of its intention to grant Exploration licence 29/342 to Kanowna Consolidated Gold Mines NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 4th November 1999, Mercy O’Loughlin & Ors on behalf of the Central East Goldfields People (’the native title party’) made an objection to the inclusion in an expedited procedure application to the Tribunal.
The Department of Minerals and Energy on behalf of the Government party has advised the Tribunal that on 31st August 1999, the grantee party withdrew its application to the grant of the exploration licence.
Decision
There is no longer any proposal from the Government to do the future act and accordingly the objection application is dismissed pursuant to s148(a) of the Native Title Act 1993 (Cth) (as amended).
Hon C.J. Sumner
Member
11 February 2000
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