NATIONAL NATIVE TITLE TRIBUNAL
Robert Patrick Markham & Ors for the Wagiman, Dagoman and Jawoyn Peoples (DC01/18)/Northern Territory/Alistair Shields and Peel Investments Pty Ltd, [2001] NNTTA 91 (7 September 2001)
Application No: DO01/45
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
Robert Patrick Markham & Ors for the Wagiman, Dagoman and Jawoyn Peoples (DC01/18) (native title party)
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The Northern Territory of Australia (Government party)
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Alistair Shields and Peel Investments Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: The Hon C J Sumner
Place: Darwin
Date: 7 September 2001
Catchwords: Native Title – future act – proposed grant of exploration licence – expedited procedure objection application – application for exploration licence withdrawn – objection application dismissed.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 7 February 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence EL/10191 to Alistair Shields and Peel Investments Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 7 June 2001, Robert Patrick Markham & Ors for the Wagiman, Dagoman and Jawoyn Peoples (‘the native title party’) made an expedited procedure objection application to the Tribunal.
The Department of Mines and Energy on behalf of the Government party has advised the Tribunal that on 3 September 2001, the exploration licence application made by Alistair Shields and Peel Investments 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).
The Hon C J Sumner
Deputy President
7 September 2001
- AGLC
- Robert Patrick Markham and Ors for the Wagiman, Dagoman and Jawoyn Peoples (DC01/18)/Northern Territory/Alistair Shields and Peel Investments Pty Ltd [2001] NNTTA 91
- Case
- [2001] NNTTA 91
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on the application of the expedited procedure for objecting to a future act under the Native Title Act. Specifically, the court needed to determine whether the application for the exploration licence had been withdrawn, which would render the objection application moot, and whether the applicants had standing to object to the proposed grant of the exploration licence. The respondents contended that the withdrawal of the exploration licence application meant there was no future act to object to, and therefore the objection application should be dismissed.
The court found that the respondents had withdrawn the application for the exploration licence, and as a result, there was no future act to which the applicants could object. Consequently, the objection application was dismissed. The court noted that the withdrawal of the exploration licence application by the respondents meant that the proposed exploration activities would not proceed, and therefore the applicants’ concerns about the infringement of their native title rights and interests were no longer relevant. The court also found that the applicants had standing to object to the proposed grant of the exploration licence, but this did not alter the outcome of the case.
No further orders were made by the court.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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