Ronald Crowe and Others on Behalf of Gnulli (WC97/28)/Western Australia/Border Gold Ltd

[2000] NNTTA 301

NATIONAL NATIVE TITLE TRIBUNAL

Ronald Crowe and others on behalf of Gnulli (WC97/28)/Western Australia/Border Gold Ltd, [2000] NNTTA 301 (25 August 2000)

Application No:        WO00/180

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

Ronald Crowe and others on behalf of Gnulli (WC97/28) (native title party)

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The State of Western Australia (Government party)

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Border Gold Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              25 August 2000

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procedure objection application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 26 January 2000 the Government party gave notice of its intention to grant exploration licence E09/973 to Border Gold Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 10 March 2000 Ronald Crowe and others on behalf of Gnulli WC97/28 (‘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 18 August 2000 the exploration licence application made by Border Gold Ltd was discontinued.

Decision

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

25 August 2000