Ada Walden & Ors (Waanyi Peoples), William Doyle & Ors (Kalkadoon People #4)/Queensland/Uramet Minerals limited

[2011] NNTTA 36

NATIONAL NATIVE TITLE TRIBUNAL

Ada Walden & Ors (Waanyi Peoples), William Doyle & Ors (Kalkadoon People #4)/Queensland/Uramet Minerals limited, [2011] NNTTA 36 (3 March 2011)

Application No:        QO10/95 & QO10/115

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(first native title party)

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William Doyle, Noelene Dempsey, Ilona Parter, Sonny Condren, Hazel Munro, Sue Samardin Jr, Pat Kyle, Connie Craigie, Doug Bruce & Anor on behalf of the Kalkadoon People #4  (second native title party)

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The State of Queensland   (government party)

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Uramet Minerals Limited  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:        John Sosso
Place:              Brisbane
Date:               3 March 2011

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)

Mineral Resources Act 1989 (Qld) s 159

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

1. On 8 January 2010, 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 17930 (“the proposed tenement”) to Uramet Minerals Limited (“grantee party”) and included a statement that it considered that this proposed future act attracted the expedited procedure. Pursuant to s.29(4) 17 February 2010 was specified as the notification day.

2. On 6 April 2010, Carpentaria Land Council Aboriginal Corporation on behalf of 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 8 June 2010, Mr. Shaz Rind, Solicitor similarly lodged with the Tribunal an expedited procedure objection application on behalf of the Kalkadoon People #4 (“native title party”).

3. On 27 April 2010 and 15 June 2010 respectively, Deputy President Sumner, as delegate of the President, appointed me as the Member to constitute the Tribunal for the purpose of the expedited procedure objection inquiry.

4. Subsequently, the grantee party wrote to the Department of Employment, Economic Development and Innovation to abandon its application for the proposed tenement. So far as is relevant s.159 of the Mineral Resources Act 1989 (Qld) provides:

   “(1) The applicant for an exploration permit may, at any time before  the grant of the exploration permit, by notice in writing to the chief executive abandon the application in relation to all or part of the land to which it relates.

   (2) The abandonment of an application for the grant of an exploration permit shall take effect on the day next following its receipt by the chief executive.”

5. By letter dated 25 February 2011, the government party advised that the abandonment of the proposed tenement took effect on 26 February 2011. As there is no longer a future act, the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection applications in relation to EPM 17930 are dismissed pursuant to s.148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President