Teddy Roberts and Others on Behalf of the Kariyarra People (WC99/3)/Western Australia/Titan Star Pty Ltd

[2000] NNTTA 78

NATIONAL NATIVE TITLE TRIBUNAL

Teddy Roberts and others on behalf of the Kariyarra People (WC99/3)/Western Australia/Titan Star Pty Ltd, [2000] NNTTA 78 (24 February 2000)

Application:   WO99/96

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

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IN THE MATTER of objections to inclusion in an expedited procedure

Teddy Roberts and others on behalf of the Kariyarra People (WC99/3) (Native Title Party)

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The State of Western Australia (Government Party)

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Titan Star Pty Ltd (Grantee Party)

DECISION FOR DISMISSING AN OBJECTION APPLICATION

Tribunal:       The Hon C.J. Sumner
Place:             Perth
Date:              24 February 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in an expedited procedure application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.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 DECISION TO DISMISS OBJECTION APPLICATION

On or before 2 June 1999, the Government party gave notice of its intention to grant Prospecting licence 45/1974 to Titan Star Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 1 September 1999, Teddy Roberts and others on behalf of the Kariyarra People (’the native title party’) made an objection to the inclusion in an expedited procedure application to the Tribunal.

The Department of Minerals and Energy on behalf of the Government party has advised the Tribunal that on 22 December 1999, the Mining Warden refused the grant of the prospecting licence.

Decision

There is no longer any proposal from the Government to do the future act and accordingly the objection application is dismissed pursuant to s148(a) of the Native Title Act 1993 (Cth) (as amended).

Hon C.J. Sumner.
Member
24 February 2000