Alan Fisher & Ors (Birri People)/Queensland/Liontown Resources Limited

[2011] NNTTA 111

NATIONAL NATIVE TITLE TRIBUNAL

Alan Fisher & Ors (Birri People)/Queensland/Liontown Resources Limited, [2011] NNTTA 111    (24 June 2011)

Application No:        QO10/199

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 Fisher, Grace Smallwood, Heather Tilberoo, Algon Walsh Jnr, Colin McLennan, David Miller, Frank Fisher and another on behalf of the Birri People

(native title party)

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The State of Queensland   (government party)

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Liontown Resources Limited  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:               24 June 2011

Catchwords:   Native title – future act – proposed grant of exploration permit – expedited procedure objection application – withdrawal of s 29 notice - 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 6 July 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 18224 (“the proposed tenement”) to Liontown Resources Limited (“grantee party”) and included a statement that it considered that this proposed future act attracted the expedited procedure. Pursuant to s. 29(4) 18 August 2010 was specified as the notification day.

2. On 1 December 2010, Michael Owens & Associates, lodged with the National Native Title Tribunal (“Tribunal”), an expedited procedure objection application pursuant to s. 32(3) on behalf of the Birri People (“native title party”).

3. On 3 December 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 email dated 22 June 2011 the Department of Employment, Economic Development and Innovation advised that the notice issued on 18 August 2010 for the proposed tenement had been withdrawn by the government party as a subsequent notice for the same tenement was issued on 2 February 2011. 

5. 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 EPM 18224 is dismissed pursuant to s. 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President