Albert Brown & Ors (Barada Barna Kabalbara & Yetimarla People #4))/ Queensland/ Rio Tinto Exploration Pty Limited

[2004] NNTTA 72

NATIONAL NATIVE TITLE TRIBUNAL

Albert Brown & Ors (Barada Barna Kabalbara & Yetimarla People #4))/ Queensland/ Rio Tinto Exploration Pty Limited, [2004] NNTTA 72 (30 July 2004)

Application Nos:          QO04/22, QO04/23, QO04/24, QO04/25

IN THE MATTER of the Native Title Act 1993 (Cth)

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IN THE MATTER of an inquiry into an expedited procedure objection applications

Albert Brown, Harriet Tanna, Gibson Gela, Alison Douglas, Celeste Walsh, Les Budby, Norman Brown, Lynette Brown, Frank Budby, Nicole Muller & May James on behalf of the Barada Barna Kabalbara and Yetimarla People #4   (native title party)     
 - and -

The State of Queensland   (government party)

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Rio Tinto Exploration Pty Limited      (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:        Mr John Sosso
Place:              Brisbane
Date:              30 July 2004

Catchwords:   Native Title – future act – proposed grant of exploration permits – expedited procedure objection applications – native title party withdraws objections -  government party withdraws assertions of the expedited procedure – objection applications dismissed.

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

Hearing Date:  30 July 2004

Representatives -

Native title party:                 Mrs Margaret Evans, Solicitor

Government party:               Miss Leanne O’Neill

Grantee party:  Mr Dion Harrington

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

[1] On 24 November 2003, the government party gave notice under section 29 of the Native Title Act 1993 (“the Act”) of its intention to grant Exploration Permits (“EPC”) 842, 843, 844, and 845 (“the proposed tenements”) to Rio Tinto Exploration Pty Limited (“the grantee party”) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

[2] On 24 March 2004, the native title party lodged with the Tribunal an expedited procedure objection, pursuant to section 32(3) of the Act.

[3] The government party advised the Tribunal on 30 July 2004 that the grantee party and the native title party had signed an agreement pursuant to section 31 of the Act. The section 31 agreement was executed on 21 July 2004 and was formally provided to the Tribunal on 30 July 2004.

1. Pursuant to the terms of that agreement, the native title party withdrew its expedited procedure objections, with the agreement constituting notice to the Tribunal and the other parties of that withdrawal.

2. Concurrent with the withdrawal by the native title party of the expedited procedure objections, the government party, pursuant to section 32(7) of the Act, withdrew its statement that the granting of the proposed tenements were acts attracting the expedited procedure. Furthermore it was agreed by the parties, that the agreement constituted written notice to the parties and the Tribunal of that withdrawal under section 32(7).

3. In these circumstances the proper course of action is for the expedited procedure objection applications to be dismissed pursuant to section 148(a). This paragraph empowers the Tribunal to dismiss an application where it is satisfied “that it is not entitled to deal with the application.”  

Decision

1. There is no longer any proposal from the government party to apply the expedited procedure to EPC 842, 843, 844 and 845 and accordingly the expedited procedure objection applications are dismissed pursuant to section 148(a) of the Native Title Act1993 (Cth).

John Sosso
Member