Raymond Ashwin on Behalf of the Wutha People (WC99/10)/Western Australia/Aarex Resources NL

[2000] NNTTA 42

NATIONAL NATIVE TITLE TRIBUNAL

Raymond Ashwin on Behalf of the Wutha People (WC99/10)/Western Australia/Aarex Resources NL, [2000] NNTTA 42 (11 February 2000)

Application: WO99/131

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

Raymond Ashwin on Behalf of the Wutha People (WC99/10) (Native Title Party)

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The State of Western Australia (Government Party)

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Aarex Resources NL (Grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:      Hon C.J. Sumner
Place:             Perth
Date:              11 February 2000

Catchwords:  Native Title – future act – objection to inclusion into an expedited procedure application – proposed grant of prospecting licence – application for prospecting licence withdrawn – objection application dismissed.

Legislation:            Native Title Act 1993 (Cth) s148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On or before 16 June 1999, the government party gave notice of its intention to grant prospecting licences 37/5826 and 37/5827 to Aarex Resources NL (“the grantee party”). Included in the notice was a statement that it considered that the grant attracted the expedited procedure.

On 08 September 1999 Raymond Ashwin, on behalf of the Wutha people, (“the native title party”) made an objection, to inclusion in an expedited procedure application, to the Tribunal.

The Department of Minerals and Energy on behalf of the Government party advised the Tribunal, on the 20 December 1999, that on the 29 November 1999, the grantee party withdrew its application for the prospecting licence.

Decision

There is 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)(as amended).

Hon C.J. Sumner
Member
11  February 2000.