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

[2000] NNTTA 175

NATIONAL NATIVE TITLE TRIBUNAL

Richard Evans on behalf of the Koara People (WC99/5)/Western Australia/Gateway Mining NL, [2000] NNTTA 175 (20 April 2000)

Application No:        WO99/513

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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Gateway Mining NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              20 April 2000

Catchwords: Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of an amalgamation licence – notice to grant amalgamation application incorrect – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 28 July 1999, the Government party gave notice of its intention to grant Application for Amalgamation 6/989 affecting Exploration Licence 57/365 to Gateway Mining 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 advised the National Native Title Tribunal on 31 March 2000 that the Section 29 notice to grant Amalgamation Application 6/989 affecting Exploration Licence 57/365 (date of notice 28 July 1999) was incorrect and was re-advertised at a later date.

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
Deputy President

20 April 2000