Alan Douglas Hatfield & Ors (Darumbal People #1)/Queensland/Headland Metals Pty Ltd

[2011] NNTTA 180

NATIONAL NATIVE TITLE TRIBUNAL

Alan Douglas Hatfield & Ors (Darumbal People #1)/Queensland/Headland Metals Pty Ltd, [2011] NNTTA 180  (5 October 2011)

Application No:        QO10/233

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 Douglas Hatfield, Robert Michael Muir, Rodney William Mann, Warren John Malone, Vanessa Ross & Anor on behalf of the Darumbal People #1

(native title party)

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The State of Queensland   (government party)

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Headland Metals Pty Ltd  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:               5 October 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 APPLICATION

1. On 8 June 2010, the State of Queensland (“government party”) gave notice under s. 29 of the Native Title Act 1993 (Cth) (“the Act”) of its intention to grant Exploration Permit for Coal, EPC 1966 (“the proposed tenement”) to Headland Metals 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) 4 August 2010 was specified as the notification day.

2. On 6 December 2010, the Darumbal People #1 (“native title party”) lodged with the National Native Title Tribunal (“Tribunal”), an expedited procedure objection application pursuant to s. 32(3).

3. On 10 January 2011, 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 4 October 2011 the Department of Employment, Economic Development and Innovation advised that the application for the proposed tenement had been abandoned by the grantee party. 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. In accordance with s. 159(2), the abandonment of the proposed tenement took effect on 3 October 2011. As there no longer is a future act, the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to EPC1966 is dismissed pursuant to s. 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President