Raymond Ashwin on Behalf of the Wutha People (WC99/10)/Western Australia/Graham Alfred Hawks

[2000] NNTTA 292

NATIONAL NATIVE TITLE TRIBUNAL

Raymond Ashwin on behalf of the Wutha People (WC99/10)/Western Australia/Graham Alfred Hawks, [2000] NNTTA 292 (11 August 2000)

Application No:        WO00/37

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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Graham Alfred Hawks (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

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

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procedure objection application – proposed grant of a prospecting licence – application for prospecting licence withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 6 October 1999, the Government party gave notice of its intention to grant prospecting licence P29/1641 to Graham Alfred Hawks (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 7 February 2000, Raymond Ashwin on behalf of the Wutha 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 July 2000, the prospecting licence application made by Graham Alfred Hawks was discontinued.

Decision

There is no 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
Deputy President

11 August 2000