Teddy Roberts and Others (WC99/3)/Western Australia/Stockdale Prospecting Ltd

[2000] NNTTA 127

NATIONAL NATIVE TITLE TRIBUNAL

Teddy Roberts and others (WC99/3)/Western Australia/Stockdale Prospecting Ltd, [2000] NNTTA 127 (17 March 2000)

Application No:        WO99/59

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

- and -

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

Teddy Roberts and others (WC99/3) (native title party)

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The State of Western Australia (Government party)

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Stockdale Prospecting Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              17 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 discontinued – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 19 May 1999, the Government party gave notice of its intention to grant exploration licence 45/1973 to Stockdale Prospecting Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 16 August 1999 Teddy Roberts and others (’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 11 February 2000, the exploration licence application made by Stockdale Prospecting Ltd was discontinued.

Decision

There is no longer any proposal from the Government to do the 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
Member

17 March 2000