Monty Walgar on Behalf of the Walgar Rock People (WC98/66)/Western Australia/Stockdale Prospecting Ltd

Case

[2000] NNTTA 236

21 June 2000

No judgment structure available for this case.

NATIONAL NATIVE TITLE TRIBUNAL

Monty Walgar on behalf of the Walgar Rock People (WC98/66)/Western Australia/Stockdale Prospecting Ltd, [2000] NNTTA 236 (21 June 2000)

Application No:        WO99/352
IN THE MATTER of the Native Title Act 1993 (Cth)
- and -
IN THE MATTER of an inquiry into an expedited procedure objection application
Monty Walgar on behalf of the Walgar Rock People (WC98/66) (native title party)
- and -
The State of Western Australia (Government party)
- and -
Stockdale Prospecting Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              21 June 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in an expedited procedure application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.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) s 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 9th July 1999, the Government party gave notice of its intention to grant exploration licence 20/431 to Stockdale Prospecting Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 1st November 1999, Monty Walgar on behalf of the Walgar Rock 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 16th June 2000, the exploration licence application made by Stockdale Prospecting Ltd was discontinued.

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
Deputy President

21 June 2000

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