Valerie Tambling and Others on behalf of the Angwinmil and Warai People (DC00/31)/Northern Territory/Rustlers Roost Mining Pty Ltd

[2002] NNTTA 229

NATIONAL NATIVE TITLE TRIBUNAL

Valerie Tambling and Others on behalf of the Angwinmil and Warai People  (DC00/31)/Northern Territory/Rustlers Roost Mining Pty Ltd, [2002] NNTTA 229
(11 November 2002)

Application No:        DO02/91

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

Valerie Tambling and Ors on behalf of the Angwinmil and Warai People – (DC00/31) (native title party)

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The Northern Territory of Australia (Government party)

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Rustlers Roost Mining Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon C J Sumner, Deputy President
Place:             Darwin
Date:              11 November 2002

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection application – application for exploration licence withdrawn – Tribunal has no jurisdiction – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 12 June 2002, the Government party gave notice under s29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence EL/10351 to Rustlers Roost Mining Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 14 October 2002, Valerie Tambling and Ors on behalf of the Angwinmil and Warai People (‘the native title party’) made an expedited procedure objection application to the Tribunal.

1. The Department of Business, Industry and Resource Development on behalf of the Government party has advised the Tribunal that on 8 November 2002, the exploration licence application made by Rustler’s Roost Mining Pty Ltd was discontinued.

Decision

1. There is no longer any proposal from the Government party to do a future act and accordingly the expedited procedure objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon CJ Sumner
Deputy President

11 November 2002