Richard Evans on Behalf of the Koara People (WC95/1, WC99/5)/Western Australia/ Astro Mining NL

[2000] NNTTA 77

NATIONAL NATIVE TITLE TRIBUNAL

Richard Evans on behalf of the Koara People (WC95/1, WC99/5)/Western Australia/ Astro Mining NL, [2000] NNTTA 77 (24 February 2000)

Application:   WO99/665

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

Richard Evans on behalf of the Koara People (WC95/1, WC99/5) (native title party)

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The State of Western Australia (Government party)

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Astro Mining NL (grantee party)

DECISION TO DISMISS AN OBJECTION APPLICATION

Tribunal:       The Hon C.J. Sumner
Place:             Perth
Date:              24 February 2000

Catchwords: Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of exploration licences – application for exploration licences withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 11 August 1999, the Government party gave notice of its intention to grant Exploration licences 57/469, 57/470, 57/471, 57/472 and 57/473 to Astro Mining NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 13 December 1999, Richard Evans on behalf of the Koara People (’the native title party’) made an expedited procedure application to the Tribunal.

The Department of Minerals and Energy on behalf of the Government party has advised the Tribunal that the grantee party has withdrawn its application for the grant of the exploration licences.

Decision

There is no longer any proposal from the Government to do the future acts 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
24 February 2000