Ada Walden & Ors (Waanyi Peoples)/Queensland/Red metal Limited

[2010] NNTTA 39

NATIONAL NATIVE TITLE TRIBUNAL

Ada Walden & Ors (Waanyi Peoples)/Queensland/Red metal Limited, [2010] NNTTA 39              (23 March 2010)

Application No:        QO09/123

IN THE MATTER of the Native Title Act1993 (Cth)

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IN THE MATTER of an inquiry into an expedited procedure objection application

Ada Walden, Dawn Aplin, Malcolm George, Eunice O’Keefe, and Fred O’Keefe on behalf of the Waanyi Peoples  

(native title party)

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The State of Queensland   (government party)

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Red Metal Limited  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:               23 March 2010

Catchwords:   Native title – future act – proposed grant of exploration permit - expedited procedure objection application – tenement abandoned – no jurisdiction to proceed – expedited procedure objection application dismissed.

Legislation:Native Title Act 1993 (Cth) ss 29, 32, 148(a)

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

1. On 24 March 2009, the State of Queensland (“government party”) gave notice under section 29 of the Native Title Act 1993 (Cth) (“the Act”) of its intention to grant Exploration Permit for Mineral (EPM) 17553 to Red Metal Limited (“grantee party”) and included a statement that it considered that this proposed future act attracted the expedited procedure. Pursuant to s.29(4) 13 May 2009 was specified as the notification day.

2. On 7 August 2009, Carpentaria Land Council Aboriginal Corporation, the legal representative for the Waanyi Peoples (“native title party”), lodged with the National Native Title Tribunal (“Tribunal”) an expedited procedure objection application pursuant to s.32(3) on behalf of the Applicant.

3. On 24 September 2009 Deputy President Sumner, as delegate to the President, appointed me as the Member to constitute the Tribunal for the purpose of the expedited procedure objection inquiry.

4. By letter dated 22 March 2010, Ms Sara Newrick for the State of Queensland advised that the application for EPM 17553 had been abandoned by the grantee party. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to EPM 17553 is dismissed pursuant to s.148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President