Alan Douglas Hatfield & Ors (Darumbal People)/Queensland/Accord Mining Pty Ltd

[2008] NNTTA 122

NATIONAL NATIVE TITLE TRIBUNAL

Alan Douglas Hatfield & Ors (Darumbal People)/Queensland/Accord Mining Pty Ltd, [2008] NNTTA 122 (29 August 2008)

Application No:        QO08/91

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, David Raymond James, Robert Michael Muir, Rodney William Mann, Warren John 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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Accord Mining Pty Ltd  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:              29 August 2008

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

Legislation:Native Title Act 1993 (Cth) s 148(a)

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

[1] On 19 March 2008, the State of Queensland (“government party”) gave notice under section 29 of the Native Title Act 1993 (Cth) (“the Act”) of the intention to grant Exploration Permit for Mineral (EPM) 16422 to Accord Mining Pty Ltd (“grantee party”), and included in the notice a statement that it was considered that the grant attracted the expedited procedure.

[2]       On 3 June 2008, Alan Douglas Hatfield and others on behalf of the Darumbal People (“native title party”) lodged with the National Native Title Tribunal (“Tribunal”), an expedited procedure objection application pursuant to section 32(3).

1. On 30 June 2008 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.

1. By letter dated 20 August 2008, the government party advised the Tribunal that the application for EPM 16422 had been abandoned by the grantee party effective 19 August 2008. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to EPM 16422 is dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso  

Deputy President