Robert Patrick Markham & Ors for the Wagiman, Dagoman and Jawoyn Peoples (DC01/18)/Northern Territory/Alistair Shields and Peel Investments Pty Ltd

[2001] NNTTA 88

NATIONAL NATIVE TITLE TRIBUNAL

Robert Patrick Markham & Ors for the Wagiman, Dagoman and Jawoyn Peoples (DC01/18)/Northern Territory/Alistair Shields and Peel Investments Pty Ltd, [2001] NNTTA 88 (3 September 2001)

Application No:        DO01/46

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

Robert Patrick Markham & Ors for the Wagiman, Dagoman and Jawoyn Peoples (DC01/18) (native title party)

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The Northern Territory of Australia (Government party)

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Alistair Shields and Peel Investments Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon CJ Sumner
Place:             Darwin
Date:              3 September 2001

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grant of exploration licence - expedited procedure objection application – application for exploration licence withdrawn – objection application dismissed.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

1. On 7 February 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence EL/9936 to Alistair John Shields and Peel Investments Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 7 June 2001, Robert Patrick Markham & Ors for the Wagiman, Dagoman and Jawoyn Peoples (’the native title party’) made an expedited procedure objection application to the Tribunal.

1. The Department of Mines and Energy on behalf of the Government party has advised the Tribunal that on 21 August 2001, the Exploration Licence tenement application made by Alistair John Shields and Peel Investments Pty Ltd were discontinued.

Decision

1. 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).

The Hon C J Sumner
Deputy President
3 September 2001