Robin John Yarran on behalf of the Ballardong Native Title Claim; Reg Yarran on behalf of Ballardong/Western Australia/Joydem Pty Ltd
[2003] NNTTA 97
•11 September 2003
NATIONAL NATIVE TITLE TRIBUNAL
Robin John Yarran on behalf of the Ballardong Native Title Claim; Reg Yarran on behalf of Ballardong/Western Australia/Joydem Pty Ltd, [2003] NNTTA 97 (11 September 2003)
Application Nos: WO03/150, WO03/440
IN THE MATTER of the Native Title Act 1993 (Cth)
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IN THE MATTER of inquiries into expedited procedure objection applications
Robin John Yarran on behalf of the Ballardong Native Title Claim (WC97/56) (WO03/150); Reg Yarran on behalf of Ballardong (WC97/56) (WO03/440)
(native title parties)
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The State of Western Australia (Government party)
- and -
Joydem Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner
Place: Perth
Date: 11 September 2003
Catchwords: Native title – future act – proposed grant of exploration licence – expedited procedure objection applications – application for exploration licence granted – objection applications dismissed.
Legislation:Native Title Act 1993 (Cth) s 148(a)
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
On 12 February 2003, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E70/2537 to Joydem Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 17 February 2003, Robin John Yarran on behalf of the Ballardong Native Title Claim made an expedited procedure objection application to the Tribunal (WO03/150); and on 11 June 2003, Reg Yarran on behalf of Ballardong also made an expedited procedure objection application to the Tribunal (WO03/440).
The Department of Industry and Resources on behalf of the Government party has advised the Tribunal that on 10 September 2003, the exploration licence E70/2537 was granted to Joydem Pty Ltd.
Decision
There is no longer any proposal from the Government party to do a future act and accordingly the objection applications are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
11 September 2003
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