Wilma Freddie (WC99/24)/Western Australia/ BHP Minerals Ltd

[2000] NNTTA 157

NATIONAL NATIVE TITLE TRIBUNAL

Wilma Freddie (WC99/24)/Western Australia/ BHP Minerals Ltd, [2000] NNTTA 157
(30 March 2000)

Application No:        WO99/399

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 (WC99/24) (native title party)

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The State of Western Australia (Government party)

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BHP Minerals Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              30 March 2000

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

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 28 July 1999, the Government party gave notice of its intention to grant exploration licence 69/1472 to BHP Minerals 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 10 March 2000 the exploration licence application made by BHP Minerals Ltd was discontinued.

Decision

There is no longer any proposal from the Government to do the 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
Member

30 March 2000