Monty Walgar on behalf of Wajarri People (WC01/3)/Western Australia/Pilbara Nickel Pty Ltd

[2001] NNTTA 111

NATIONAL NATIVE TITLE TRIBUNAL

Monty Walgar on behalf of Wajarri People (WC01/3)/Western Australia/Pilbara Nickel Pty Ltd, [2001] NNTTA 111 (18 October 2001)

Application No:        WO00/171

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

Monty Walgar on behalf of Wajarri People (WC01/3) (native title party)

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The State of Western Australia (Government party)

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Pilbara Nickel Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       John Sosso
Place:             Perth
Date:              18 October 2001

Catchwords: Native Title – future act – proposed grant of exploration licence - expedited procedure objection application – application for Exploration Licence - tenement withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 26 January 2000, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E20/461 to Pilbara Nickel Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 3 March 2000, Monty Walgar on behalf of Walgar People (WC98/66) (‘the native title party’) made an expedited procedure objection application to the Tribunal.  On 12 April 2001, WC98/66 combined with WC00/15 (The Wadjarri People) and WC01/2 (The Wajarri People).  The combined application is WC01/3 (The Wajarri Elders).

1. The Department of Mineral and Petroleum Resources on behalf of the Government party has advised the Tribunal that on 13 September 2001 the exploration licence tenement application made by Pilbara Nickel Pty Ltd was discontinued.

Decision

1. There is no longer any proposal from the Government party to do a future act and accordingly the objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Member
18 October 2001