Wilfred Hicks (WC98/40) (WC99/883); and David Daniel and Others Representing the Ngarluma and Yindjibarndi People (WC99/14) (Wo00/95)/Western Australia/Keith Gittins

Case

[2000] NNTTA 280

31 July 2000

No judgment structure available for this case.

NATIONAL NATIVE TITLE TRIBUNAL

Wilfred Hicks (WC98/40) (WO99/883); and David Daniel and Others representing the Ngarluma and Yindjibarndi People (WC99/14) (WO00/95)/Western Australia/Keith Gittins, [2000] NNTTA 280 (31 July 2000)

Application No:        WO99/883 & WO00/95
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) (WO99/883); and David Daniel and Others representing the Ngarluma and Yindjibarndi People (WC99/14) (WO00/95) (native title parties)
- and -
The State of Western Australia (Government party)
- and -
Keith Gittins (grantee party)
DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              31 July 2000

Catchwords: Native Title – future act – expedited procedure objection applications – proposed grant of an prospecting licence – application for prospecting licence withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

On 17 November 1999, the Government party gave notice of its intention to grant prospecting licence 47/1064 to Keith Gittins (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 23 November 1999, Wilfred Hicks (WC98/40) (‘a native title party’) made an expedited procedure objection application to the Tribunal (WO99/883).

On 13 November 2000, David Daniel and Others representing the Ngarluma and Yindjibarndi People (WC99/14) (‘a native title party’) made an expedited procedure objection application to the Tribunal (WO00/95).

The Department of Minerals and Energy on behalf of the Government party has advised the Tribunal that on 20 July 2000, the prospecting licence application made by Keith Gittins was discontinued.

Decision

There is no longer any proposal from the Government party to do a 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
Deputy President
31 July 2000

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