Richard Evans on Behalf of the Koara People (WC99/5)/Western Australia/Acclaim Uranium NL

[2000] NNTTA 138

NATIONAL NATIVE TITLE TRIBUNAL

Richard Evans on behalf of the Koara People (WC99/5)/Western Australia/Acclaim Uranium NL, [2000] NNTTA 138 (21 March 2000)

Application No:        WO99/442

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 (WC99/5) (native title party)

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The State of Western Australia (Government party)

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Acclaim Uranium NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              21 March 2000

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

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 14 July 1999, the Government party gave notice of its intention to grant exploration licences 57/458 to Acclaim Uranium NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 8 November 1999 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 28 September 1999, the exploration licence application made by Acclaim Uranium NL was discontinued.

Decision

There is no longer any proposal from the Government to do the 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
Member

21 March 2000