Wilma Freddie (WC98/68, WC99/24)/Western Australia/Westex Resources Pty Ltd

[2001] NNTTA 57

NATIONAL NATIVE TITLE TRIBUNAL

Wilma Freddie (WC98/68, WC99/24)/Western Australia/Westex Resources Pty Ltd, [2001] NNTTA 57 (2 July 2001)

Application No:        WO99/771

IN THE MATTER of the Native Title Act 1993 (Cth)

- and –

IN THE MATTER of an inquiry into an expedited procedure objection application

Wilma Freddie (WC98/68, WC99/24) (native title party)

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The State of Western Australia (Government party)

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Westex Resources Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner
Place:             Perth
Date:              2 July 2001

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grant of exploration licences - expedited procedure objection application – application for exploration licences withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 8 September 1999, the Government party gave notice of its intention to grant exploration licences E69/1418, E69/1419 and E1420 to Westex Resources Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 21 October 1999, Wilma Freddie (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. The objection in relation to E69/1420 has been withdrawn.

4. The Department of Minerals and Energy on behalf of the Government party has advised the Tribunal that on 25 May 2000, the exploration licence applications made by Westex Resources Pty Ltd were discontinued.

Decision

1. There is no longer any proposal from the Government party to do a future act and accordingly the objection application with respect to E69/1418 and E69/1419, is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth) (as amended).

The Hon C J Sumner
Deputy President
2 July 2001