Alan Douglas Hatfied & Ors (Darumbal People)/Queensland/Nornico Pty Ltd

[2010] NNTTA 141

NATIONAL NATIVE TITLE TRIBUNAL

Alan Douglas Hatfied & Ors (Darumbal People)/Queensland/Nornico Pty Ltd, [2010] NNTTA 141 (1 September 2010)

Application No:        QO10/138

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

Alan Hatfield, David James, Robert Muir, Rodney Mann, Warren Malone and Vanessa Ross on behalf of the Darumbal People(native title party)

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The State of Queensland   (government party)

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Nornico Pty Ltd  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:               1 September  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 1 February 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 18167 to Nornico Pty Ltd (“grantee party”) and included a statement that it considered that this proposed future act attracted the expedited procedure. Pursuant to s.29(4) 17 March 2010 was specified as the notification day.

2. On 19 July 2010, Alan Douglas Hatfield, on behalf of the Darumbal People (“native title party”) lodged with the National Native Title Tribunal (“Tribunal”), an expedited procedure objection application pursuant to s.32(3).

3. On 26 July 2010, 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 31 August 2010, Ms Sara Newrick for the government party advised that the application for EPM 18167 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 18167 is dismissed pursuant to s.148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President