Palmer Gordon Ngalpil and Others on Behalf of the Tjurabalan Native Title Claim Group (WC95/74)/Western Australia/Rio Tinto Exploration Pty Ltd

[2000] NNTTA 359

NATIONAL NATIVE TITLE TRIBUNAL

Palmer Gordon Ngalpil and Others on behalf of the Tjurabalan Native Title Claim Group (WC95/74)/Western Australia/Rio Tinto Exploration Pty Ltd, [2000] NNTTA 359 (27 November 2000)

Application Nos:      WO00/377 & WO00/379

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 applications

Palmer Gordon Ngalpil and Others on behalf of the Tjurabalan Native Title Claim Group (WC95/74) (native title party)

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The State of Western Australia (Government party)

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Rio Tinto Exploration Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

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

Catchwords: Native Title – future acts – expedited procedure objection applications – proposed grant of exploration licences – application for exploration licences withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 19 April 2000, the Government party gave notice of its intention to grant exploration licences E80/2535, E80/2536, E80/2538 and E80/2539 to Rio Tinto Exploration Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure (WO00/377).

On 3 May 2000, the Government party gave notice of its intention to grant exploration licence E80/2537 to Rio Tinto Exploration Pty Ltd and included in the notice a statement that it considered that the grant attracted the expedited procedure (WO00/379).

On 17 August 2000, Palmer Gordon Ngalpil and others on behalf of the Tjurabalan Native Title Claim Group (‘the native title party’) made two expedited procedure objection applications to the Tribunal.

The Department of Minerals and Energy on behalf of the Government party has advised the Tribunal that on 24 October 2000, the exploration licence applications made by Rio Tinto Exploration Pty Ltd were discontinued.

Decision

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) (as amended).

Hon C. J. Sumner
Deputy President
27 November 2000