Future act determination summary - DO02/51 and DO02/52 

Tribunal file no: DO02/51 and DO02/52
NNTTA no: NNTTA 243 (29 November 2002)
Application type: Objection
State or Territory: Northern Territory
Determination parties: Robert Patrick Markham and Others on Behalf of the Wagiman, Dagoman and Jawoyn Peoples (DC01/18) (native title party)
- and -
Northern Territory Government (Government party)
- and -
Alistair Quest, Alistair Anderson, Anthony Wilkinson and Raymond Wooldridge (grantee party)
Tribunal member: Hon Christopher Sumner (Deputy President)
Decision/Determination date: 29/11/2002
Matters considered: An inquiry into expedited procedure objection applications.
Type of Decision or Determination: Objection - Expedited Procedure Applies
Representatives (including counsel and solicitors):

Counsel for the native title party: Mr Angus Frith
Solicitor for the native title party: Mr Mark Rumler, Northern Land Council
Solicitor for the Government party: Mr Matthew Storey, Solicitor for the Northern Territory
Representative of the Government party: Mrs Karen On, Department of Business, Industry & Resource Development
Representative of the grantee party: Mr Raymond Wooldridge
Catch words: Native title — future acts — proposed grant of exploration licences — expedited procedure objection applications — act not likely to interfere directly with the carrying on of community or social activities — act not likely to interfere with areas and sites of particular significance — act not likely to involve major disturbance - act attracts the expedited procedure
Legislation considered: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth);Mining Act 1980 (NT) s 166;Mining Act 1980 (NT) s 24;Mining Act 1980 (NT) s 24A;Native Title Act 1993 (Cth) s 151;Native Title Act 1993 (Cth) s 237;Native Title Act 1993 (Cth) s 29;Native Title Act 1993 (Cth) s 31
Cases cited: Anges Limmerick & Ors/ Pilbara Chemical Corporation NL and Rare Earths & Minerals Pty Ltd/Northern Territory, NNTT DO01/47, Prof Douglas Williamson QC, 5 August 2002

Arthur Que Noy & Ors/Robert Michael Biddlecombe/Northern Territory, NNTT DO01/114, John Sosso, 19 July 2002Cheinmora v Striker Resources NL (1996) 142 ALR 21

Don Rory & Ors and Jack Hogan & Ors/Northern Territory/Astro Mining, NNTT DO01/110 and DO01/111, E M Franklyn QC, 10 May 2002

Moses Silver & Ors/Ashton Exploration Australia Pty Ltd/Northern Territory, NNTT DO01/13, John Sosso, 1 February 2002

Gabriel Hazelbane & Ors; Paddy Huddleston & Ors and Michael Page & Ors/Northern Territory/Norman Sydney McCleary, NNTT DO01/79, DO01/80 and DO01/81, John Sosso, 26 April 2002

Gabriel Hazelbane & Ors/McCleary Investments Pty Ltd/Northern Territory, NNTT DO01/48, Prof Douglas Williamson QC, 11 September 2002

Kathleen Parry & Ors/Buchanan Exploration Pty Ltd/Northern Territory, NNTT DO01/139, John Sosso, 21 October 2002

Kevin Peter Walley & Ors and Robin Boddington & Ors/Western Australia/Giralia Resources, NNTT WO01/179 and WO01/180, Hon C J Sumner, 8 March 2002

Michael Page/Northern Territory/Norman Sydney McCleary, NNTT DO01/78, John Sosso, 3 May 2002

Paddy Huddleston & Ors/NT Gold Pty Ltd & Ors/Northern Territory, NNTT DO01/137, John Sosso, 27 September 2002Smith v Western Australia (2001) 108 FCR 442

Western Australia/Winnie McHenry, NNTT WO98/125, E M Franklyn QC, 28 July 1999

Determination document

The attached document may not be an exact copy of the original. Dummy cover sheets have been added to determinations made before 1997 to enable fast searches. The cover sheet will also be updated with the appropriate citation when a case has been reported but no amendment is made to the case citations within the text of individual determinations. Detailed reasons for determination are not generally published with consent determinations relating to the expedited procedure.

Download as PDF: DO02_51andDO0252Determination29112002.pdf


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