Sandra Wongawol (WC98/68)/Western Australia/Astro Mining NL

[2000] NNTTA 92

NATIONAL NATIVE TITLE TRIBUNAL

Sandra Wongawol (WC98/68)/Western Australia/Astro Mining NL, [2000] NNTTA 92 (2 March 2000)

Application: WO99/40

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

Sandra Wongawol (WC98/68) (Native Title party)

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The State of Western Australia (Government party)

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Astro Mining NL (Grantee party)

DETERMINATION

Tribunal: Hon E. M. Franklyn, QC
Place: Perth
Date: 2 March 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licence withdrawn – objection application dismissed.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 DETERMINATION

On 24 March 1999 the Government party gave notice of its intention to grant exploration licences E69/1416 and E69/1417 to Astro Mining NL (‘the grantee party’) and included in the Notice a statement that it considered that the grant attracted the expedited procedure.

On 26 July, 1999 Sandra Wongawol (‘the native title party’) lodged an objection to inclusion in an expedited procedure.

On 26 and 28 July 1999 and on 2 August 1999 the Tribunal advised the native title party representative that the tenement E69/1417 was outside the claim area. The native title

representative agreed that the objection in respect of E69/1417 should be withdrawn, however no such action was taken. According to s148(a) of the Native Title Act 1993 (Cth) (as amended) the Tribunal is not entitled to deal with the objection application in respect of E69/1417.

With respect to exploration licence E69/1416, on 23 February 2000, the grantee party
representative advised the Tribunal that her client, Astro Mining NL, consented to a determination that the expedited procedure does not apply.

Decision

Exploration licence E69/1417 is outside the native title claim area. Pursuant to s148(a) of the Native Title Act the objection to the inclusion in an expedited procedure is hereby dismissed.

By consent, the determination of the Tribunal is that the grant of exploration licence E69/1416 to Astro Mining NL is not an act attracting the expedited procedure.

Hon E. M. Franklyn QC
Member
2 March 2000