Paddy Carlton on behalf of the Gudim and Gurrbijim Groups; Paddy Carlton on behalf of the Gurrbijim Group/Northern Territory/Astro Mining NL

[2003] NNTTA 72

NATIONAL NATIVE TITLE TRIBUNAL

Paddy Carlton on behalf of the Gudim and Gurrbijim Groups; Paddy Carlton on behalf of the Gurrbijim Group/Northern Territory/Astro Mining NL, [2003] NNTTA 72 (5 June 2003)

Application Nos:      DO03/8 and DO03/9

IN THE MATTER of the Native Title Act 1993 (Cth)

- and -

IN THE MATTER of an inquiry into expedited procedure objection applications

Paddy Carlton on behalf of the Gudim and Gurrbijim Groups (DC02/22) (native title party)

- and -

Paddy Carlton on behalf of the Gurrbijim Group (DC02/23) (native title party)

- and -

The Northern Territory of Australia (Government party)

- and -

Astro Mining NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner
Place:             Darwin
Date:              5 June 2003

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection applications – applications for exploration licence withdrawn – objection applications dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 13 November 2002, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant Exploration Licence 23335 to Astro Mining NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 13 March 2003, Paddy Carlton on behalf of the Gudim and Gurrbijim Groups and Paddy Carlton on behalf of the Gurrbijim Group (‘the native title parties’) made expedited procedure objection applications to the Tribunal.

1. The Department of Business, Industry and Resource Development on behalf of the Government party has advised the Tribunal that on 2 June 2003, the exploration licence application made by Astro Mining NL was withdrawn.

Decision

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

Hon C J Sumner
Deputy President
5 June 2003