Alan Fisher & Ors (Birri People)/Queensland/Sexton Developments Pty Limited

[2008] NNTTA 93

NATIONAL NATIVE TITLE TRIBUNAL

Alan Fisher & Ors (Birri People)/Queensland/Sexton Developments Pty Limited, [2008] NNTTA 93 (21 July 2008)

Applications No:        QO08/62 & QO08/87

IN THE MATTER of the Native Title Act1993 (Cth)

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IN THE MATTER of inquiries into expedited procedure objection applications

Allan 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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Sexton Developments Pty Limited  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:        John Sosso
Place:              Brisbane
Date:               21 July 2008

Catchwords:   Native title – future act – proposed grant of exploration permits - expedited procedure objection applications – abandonment of tenements – no jurisdiction to proceed  -  objection applications dismissed.

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

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

[1] On the dates specified in the attached schedule, the Queensland Department of Natural Resources and Water (“government party”) gave notice under section 29 of the Native Title Act 1993 (Cth) (“the Act”) of its intention to grant Exploration Permits for Mineral (EPM) to Sexton Developments Pty Limited (“grantee party”), and included in the notices a statement that it considered that the grants attracted the expedited procedure.

[2]       On the dates specified in the attached Schedule, the native title party lodged with the National Native Title Tribunal (Tribunal), expedited procedure objection applications pursuant to section 32(3).

1. On the dates specified in the attached Schedule, I was appointed as the Member to constitute the Tribunal for the purpose of the expedited procedure objection inquiries.

1. On the dates specified in the attached Schedule, the Tribunal was advised that the applications for EPM had been abandoned. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection applications specified in the attached Schedule are dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President

SCHEDULE  –  DETERMINATION [2008] NNTTA 93  (21 July 2008)

Tenement EPM	Government Party Notification	Objection Application Lodged	Objection Application No.	Member Appointed	Grantee Party	Native Title Party & Application No.	Advice of Withdrawal or Discontinuance
16248	22/11/07	29/04/08	QO08/62	7/05/08	Sexton Developments Pty Limited	Alan Fisher, Frank Fisher, Colin McLennan, David Miller, Gracelyn Smallwood, Heather Tilberoo, Algon Walsh Jnr, and Patrick Walsh on behalf of the Birri People QC98/12	9 July 2008
16214	15/01/08	10/06/08	QO08/87	19/06/08	Sexton Developments Pty Limited	Alan Fisher, Frank Fisher, Colin McLennan, David Miller, Gracelyn Smallwood, Heather Tilberoo, Algon Walsh Jnr, and Patrick Walsh on behalf of the Birri People QC98/12	10 July 2008