Richard Evans & Ors on behalf of the Koara People (WC99/5)/Western Australia/Western Resources & Exploration Pty Ltd

[2000] NNTTA 52

NATIONAL NATIVE TITLE TRIBUNAL

Richard Evans & Ors on behalf of the Koara People (WC99/5)/Western Australia/Western Resources & Exploration Pty Ltd, [2000] NNTTA 52 (11 February 2000)

Application:   WO99/416

IN THE MATTER of the Native Title Act 1993 (Cth)

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IN THE MATTER of objections to inclusion in an expedited procedure

Richard Evans & Ors on behalf of the Koara People (WC99/5) (native title parties)

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The State of Western Australia (Government party)

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Western Resources & Exploration Pty Ltd (Grantee party)

DECISION FOR DISMISSING AN OBJECTION APPLICATION

Tribunal:       Hon C.J. Sumner
Place:             Perth
Date:              11 February 2000

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in an expedited procedure application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On or before 9^th July 1999, the Government party gave notice of its intention to grant Exploration licence 36/413 to Western Resources & Exploration Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 4^th November 1999, Richard Evans & Ors on behalf of the Koara People (’the native title party’) made an objection to the inclusion in an expedited procedure application to the Tribunal.

The Department of Minerals and Energy on behalf of the Government party has advised the Tribunal that on 15^th December 1999, the grantee party withdrew its application to the grant of the exploration licence.

Decision

There is no longer any proposal from the Government to do the future act and accordingly the objection application is dismissed pursuant to s148(a) of the Native Title Act 1993 (Cth) (as amended).

Hon C.J. Sumner.
Member
11 February 2000