Wilfred Hicks (WC98/40) and David Daniel and Others Representing the Ngarluma and Yindjibarndi People (WC99/14)/Western Australia/Legend Mining Nl
[2000] NNTTA 323
•19 September 2000
| NATIONAL NATIVE TITLE TRIBUNAL |
Wilfred Hicks (WC98/40) and David Daniel and Others representing the Ngarluma and Yindjibarndi People (WC99/14)/Western Australia/Legend Mining NL, [2000] NNTTA 323 (19 September 2000)
| Application No: WO99/232 and WO99/547 |
| IN THE MATTER of the Native Title Act 1993 (Cth) |
| - and - |
| IN THE MATTER of an inquiry into an expedited procedure objection application |
| Wilfred Hicks (WC98/40) and David Daniel and Others representing the Ngarluma and Yindjibarndi People (WC99/14) (native title party) |
| - and - |
| The State of Western Australia (Government party) |
| - and - |
| Legend Mining NL (grantee party) |
| DECISION TO DISMISS OBJECTION APPLICATION |
Tribunal: The Hon EM Franklyn QC
Place: Perth
Date: 19 September 2000
Catchwords: Native Title – future act – expedited procedure objection application – proposed grant of an amalgamation application withdrawn – objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s 148(a)
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
On 14 July 1999, the Government party gave notice of its intention to grant amalgamation application MBAM2/989 (relating to exploration licence 47/562) to Legend Mining NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 19 August 1999 and on 12 November 1999 respectively, Wilfred Hicks and David Daniel and Others (‘the native title party’) made expedited procedure objection applications to the Tribunal.
The Department of Minerals and Energy on behalf of the Government party has advised the Tribunal that on 8 September 2000 the amalgamation application MBAM2/989 was withdrawn.
Decision
There is no longer any proposal from the Government party to do a future act and accordingly the objection applications are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth) (as amended).
Hon EM Franklyn QC
Deputy President
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