William Harney on behalf of the Wardaman Group (DC01/48)/Northern Territory/Imperial Granite & Minerals Pty Ltd

[2001] NNTTA 132

NATIONAL NATIVE TITLE TRIBUNAL

William Harney on behalf of the Wardaman Group (DC01/48)/Northern Territory/Imperial Granite & Minerals Pty Ltd, [2001] NNTTA 132 (19 November 2001)

Application No:        DO01/82

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

William Harney on behalf of the Wardaman Group (DC01/48) (native title party)

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The Northern Territory of Australia (Government party)

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Imperial Granite & Minerals Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon CJ Sumner
Place:             Darwin
Date:              19 November 2001

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proposed grant of exploration licence – expedited procedure objection application – application for exploration licence withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 2 May 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence EL/10123 to Imperial Granite & Minerals Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 3 September 2001, William Harney on behalf of the Wardaman Group (‘the native title party’) made an expedited procedure objection application to the Tribunal.

1. The Department of Mines and Energy on behalf of the Government party has advised the Tribunal that on 8 November 2001, the exploration licence application made by Imperial Granite & Minerals Pty Ltd was discontinued.

Decision

1. 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).

The Hon C J Sumner
Deputy President
19 November 2001