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

[2001] NNTTA 11

NATIONAL NATIVE TITLE TRIBUNAL

Wilma Freddie (WC98/68)/Western Australia/Westex Resources Pty Ltd, [2001] NNTTA 11 (24 January 2001)

Application No:        WO99/873

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 (WC98/68) (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:              24 January 2001

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procedure objection application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 6 October 1999, the Government party gave notice of its intention to grant exploration licence E69/1503 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.

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

The Department of Minerals and Energy on behalf of the Government party has advised the Tribunal that on 29 December 1999, the exploration licence application made by Westex Resources Pty Ltd 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

24 January 2001