Reg Hayden on Behalf of the Ballardong Native Title Claim (WC97/56) (WC00/10); and Elizabeth Sambo and Others on Behalf of the Central West People (WC99/29)/Western Australia/Oldcity Nominees Pty Ltd

[2000] NNTTA 279

NATIONAL NATIVE TITLE TRIBUNAL

Reg Hayden on behalf of the Ballardong Native Title Claim (WC97/56) (WO00/10); and
Elizabeth Sambo and Others on behalf of the Central West People (WC99/29)/Western Australia/Oldcity Nominees Pty Ltd, [2000] NNTTA 279 (31 July 2000)

Application No:        WO00/10 & WO00/59

IN THE MATTER of the Native Title Act 1993 (Cth)

- and -

IN THE MATTER of an inquiry into an expedited procedure objection application

Reg Hayden on behalf of the Ballardong Native Title Claim (WC97/56) (WO00/10); and
Elizabeth Sambo and Others on behalf of the Central West People (WC99/29) WO00/59) (native title parties)

- and -

The State of Western Australia (Government party)

- and -

Oldcity Nominees Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              31 July 2000

Catchwords: Native Title – future act – expedited procedure objection applications – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

On 6 October 1999, the Government party gave notice of its intention to grant exploration licence 77/917 to Oldcity Nominees Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 7 February 2000, Reg Hayden on behalf of the Ballardong Native Title Claim (WC97/56) (WO00/10) and Elizabeth Sambo and Others on behalf of the Central West People (WC99/29) (WO00/59) (‘the native title parties’) made expedited procedure objection applications to the Tribunal.

The Department of Minerals and Energy on behalf of the Government party has advised the Tribunal that, on 11 July 2000, the exploration licence application made by Oldcity Nominees 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

31 July 2000