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

[2000] NNTTA 128

NATIONAL NATIVE TITLE TRIBUNAL

Richard Evans on behalf of the Koara People (WC99/5)/Western Australia/Wirraminna Gold NL, [2000] NNTTA 128 (20 March 2000)

Application No:        WO99/452

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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Wirraminna Gold NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              20 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 licence 57/413 to Wirraminna Gold 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 8 September 1999, the exploration licence application made by Wirraminna Gold 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

20 March 2000