Robin John Yarran on behalf of Ballardong Native Title Claim (WC97/56)/Western Australia/Heron Resources NL

[2001] NNTTA 64

NATIONAL NATIVE TITLE TRIBUNAL

Robin John Yarran on behalf of Ballardong Native Title Claim (WC97/56)/Western Australia/Heron Resources NL, [2001] NNTTA 64 (17 July 2001)

Application No:  WO01/102

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

- and –

IN THE MATTER of an inquiry into an expedited procedure objection application

Robin John Yarran on behalf of Ballardong Native Title Claim (WC97/56)
(native title party)

- and -

The State of Western Australia (Government party)

- and –

Heron Resources NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner
Place:             Perth
Date:              17 July 2001

Catchwords:  Native Title – future act – proposed grant of an exploration licence - expedited procedure objection application – application for exploration licence withdrawn – objection application dismissed.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 21 February 2001, the Government party gave notice of its intention to grant Exploration Licence 77/1019 to Heron Resources NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 21 June 2001, Robin John Yarran on behalf of Ballardong Native Title Claim (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. The Department of Minerals and Petroleum Resources on behalf of the Government party has advised the Tribunal that on 19 March 2001, the exploration licence application made by Heron Resources NL was 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) (as amended).

Hon C J Sumner
Deputy President
17 July 2001