Pixie Christian & Ors on behalf of the Palyku People (WC99/16)/Western Australia/Ocean Resources Nl, Welcome Stranger Mining Co Nl & Kiwi Australian Resources Pty Ltd

[2000] NNTTA 51

NATIONAL NATIVE TITLE TRIBUNAL

Pixie Christian & Ors on behalf of the Palyku People (WC99/16)/Western Australia/Ocean Resources NL, Welcome Stranger Mining Co NL & Kiwi Australian Resources Pty Ltd, [2000] NNTTA 51 (11 February 2000)

Application:   WO99/396

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

Pixie Christian & Ors on behalf of the Palyku People (WC99/16) (native title parties)

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The State of Western Australia (Government party)

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Ocean Resources NL, Welcome Stranger Mining Co NL & Kiwi Australian Resources Pty Ltd (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in an expedited procedure application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.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 23^rd July 1999, the Government party gave notice of its intention to grant Amalgamation Application E46/308 to Ocean Resources NL, Welcome Stranger Mining Co NL & Kiwi Australian Resources Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 26^th October 1999, Pixie Christian & Ors on behalf of the Palyku 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 31^st January 2000, 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 s 148(a) of the Native Title Act 1993 (Cth) (as amended).

Hon C.J. Sumner
Member
11 February 2000