Raymond Ashwin on behalf of the Wutha People (WC99/10)/Western Australia/Golden State Resources NL
[2000] NNTTA 21
•20 January 2000
NATIONAL NATIVE TITLE TRIBUNAL
Raymond Ashwin on behalf of the Wutha People (WC99/10)/Western Australia/Golden State Resources NL, [2000] NNTTA 21 (20 January 2000)
Application: WO99/298
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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Golden State Resources NL (Grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Professor D.G. Williamson Q.C.
Place: Perth
Date: 20 January 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into an expedited procedure application – proposed grant of prospecting licence – application for prospecting licence withdrawn – objection application dismissed.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)
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REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
On or before 30 June 1999, the government party gave notice of its intention to grant prospecting licence 37/5856 to Golden State Resources NL (“the grantee party”). Included in the notice was a statement that it considered that the grant attracted the expedited procedure.
On 28 October 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 02 December 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).
Professor D. Williamson Q.C.
Member
20 January 2000
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