Richard Evans on Behalf of the Koara People (WC95/1)/Western Australia/Mines & Resources Australia Pty Ltd

[2000] NNTTA 350

NATIONAL NATIVE TITLE TRIBUNAL

Richard Evans on behalf of the Koara People (WC95/1)/Western Australia/Mines & Resources Australia Pty Ltd, [2000] NNTTA 350 (13 November 2000)

Application No:        WO00/28

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) (native title party)

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The State of Western Australia (Government party)

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Mines & Resources Australia Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              13 November 2000

Catchwords: Native Title – future act – proposed grant of an exploration licence – expedited procedure objection application –application for exploration licence withdrawn – objection application dismissed.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 exploration licence E37/591 to Mines & Resources Australia 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, Richard Evans on behalf of the Koara 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 30 October 2000, the exploration licence application made by Mines & Resources Australia Pty Ltd 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

13 November 2000