Alan Fisher & Ors (Birri People)/Queensland/Macmin Silver Ltd

[2008] NNTTA 161

NATIONAL NATIVE TITLE TRIBUNAL

Alan Fisher & Ors (Birri People)/Queensland/Macmin Silver Ltd, [2008] NNTTA 161 (15 December 2008)

Application No:        QO08/155

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, Frank Fisher, Colin McLennan, David Miller, Gracelyn Smallwood, Heather Tilberoo, Algon Walsh Jnr, and Patrick Walsh on behalf of the Birri People       (native title party)

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The State of Queensland   (government party)

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Macmin Silver Ltd  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:               15 December 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 23 July 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) 16905 to Macmin Silver Ltd (“grantee party”), and included in the notice a statement that it was considered that the grant attracted the expedited procedure.

[2]       On 19 November 2008, Alan Fisher and others on behalf of the Birri People (“native title party”) lodged with the National Native Title Tribunal (“Tribunal”), an expedited procedure objection application pursuant to section 32(3).

1. On 28 November 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 12 December 2008, the government party advised the Tribunal that the application for EPM 16905 had been abandoned by the grantee party effective 13 November 2008. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to EPM 16905 is dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President