| NATIONAL NATIVE TITLE TRIBUNAL |
Mercy O’Loughlin and others on behalf of the Central East Goldfields People (WC99/30)/Western Australia/North Kalgurli Mines Pty Ltd & Homestake Gold of Australia Ltd, [2000] NNTTA 146 (27 March 2000)
| Application No: WO99/772 |
| IN THE MATTER of the Native Title Act 1993 (Cth) |
| - and - |
| IN THE MATTER of an inquiry into an expedited procedure objection application |
| Mercy O’Loughlin and others on behalf of the Central East Goldfields People (WC99/30) (native title party) |
| - and - |
| The State of Western Australia (Government party) |
| - and - |
| North Kalgurli Mines Pty Ltd & Homestake Gold of Australia Ltd (grantee parties) |
| DECISION TO DISMISS OBJECTION APPLICATION |
Tribunal: The Hon C. J. Sumner
Place: Perth
Date: 27 March 2000
Catchwords: Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of miscellaneous licences – application for miscellaneous licences withdrawn – objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s 148(a)
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
On 8 September 1999, the Government party gave notice of its intention to grant miscellaneous licences 26/216 and 26/217 to North Kalgurli Mines Pty Ltd and Homestake Gold of Australia Ltd (‘the grantee parties’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 10 December 1999, Mercy O’Loughlin and others on behalf of the Central East Goldfields People (’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on 20 March 2000, the Section 29 Notice to Grant tenement applications for Miscellaneous Licences 26/216 and 26/217 was withdrawn. The State advised that the tenement applications were amended and will be processed under Section 24MD (6B) “infrastructure” provisions of the Native Title Act 1993.
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
27 March 2000
- AGLC
- Mercy O'Loughlin and Others on Behalf of the Central East Goldfields People (WC99/30)/Western Australia/North Kalgurli Mines Pty Ltd & Homestake Gold of Australia Ltd [2000] NNTTA 146
- Case
- [2000] NNTTA 146
- Decision Date
CaseChat Overview and Summary
The court considered the relevant legislation and the process for granting miscellaneous licences. It examined the arguments presented by the objectors and the applicants. The court found that the objection to the inclusion of the area in the expedited procedure application was not valid as the objectors had not established a native title claim over the area in question. Furthermore, the court noted that the application for the miscellaneous licences had been withdrawn, rendering the objection moot. Consequently, the court dismissed the objection application.
The court's reasoning was based on the absence of a native title claim over the area in question and the withdrawal of the application for the miscellaneous licences. The court held that the objection was not well-founded, and there was no need for further consideration. As a result, the objection application was dismissed. The court did not make any specific orders as the objection was dismissed, and the application for the miscellaneous licences had already been withdrawn.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.