Raymond Ashwin on behalf of the Wutha People (WC99/10) (Native Title Party) - and - The State of Western Australia (Government Party) - and - Robert Lawrence Hawke (Grantee Party)

Case

[2000] NNTTA 46

11 February 2000

No judgment structure available for this case.

NATIONAL NATIVE TITLE TRIBUNAL

Raymond Ashwin on behalf of the Wutha People (WC99/10)/Western Australia/Robert Lawrence Hawke, [2000] NNTTA 46 (11 February 2000)

Application:   WO99/194
IN THE MATTER of the Native Title Act 1993 (Cth)
- and -
IN THE MATTER of objections to inclusion in an expedited procedure
Raymond Ashwin on behalf of the Wutha People (WC99/10) (Native Title Party)
- and -
The State of Western Australia (Government Party)
- and -
Robert Lawrence Hawke (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in an expedited procedure application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.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 before16 June 1999, the Government party gave notice of its intention to grant Prospecting licences 29/1655 & 29/1656 to Robert Lawrence Hawke (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 15 September 1999, Raymond Ashwin on behalf of the Wutha People (’the native title party’) made an objection to the inclusion in an expedited procedure application to the Tribunal.

The Department of Minerals and Energy on behalf of the Government party has advised the Tribunal that on 3 December 1999, the grantee party withdrew its application to the grant of the prospecting 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

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