Wilma Freddie on behalf of Wiluna group/Western Australia/Newmont Wiluna Gold Pty Ltd

[2003] NNTTA 49

NATIONAL NATIVE TITLE TRIBUNAL

Wilma Freddie on behalf of Wiluna group/Western Australia/Newmont Wiluna Gold Pty Ltd, [2003] NNTTA 49 (17 March 2003)

Application No:        WO02/635

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

Wilma Freddie on behalf of Wiluna group (WC99/24) (native title party)

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The State of Western Australia (Government party)

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Newmont Wiluna Gold Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner
Place:             Perth
Date:              17 March 2003

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exploration licence – expedited procedure objection application – application for amalgamation into exploration licence withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 16 October 2002, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant amalgamation ME1/23 into exploration licence application AM-E53/609 to Newmont Wiluna Gold Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 18 December 2002, Wilma Freddie on behalf of Wiluna group (‘the native title party’) made an expedited procedure objection application to the Tribunal.

1. The Department of Industry and Resources on behalf of the Government party has advised the Tribunal that on 22 January 2003, that amalgamation ME1/23 into exploration licence application AM-E53/609 made by Newmont Wiluna Gold 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).

Hon C J Sumner
Deputy President
17 March 2003