Alfred Nathan & Ors (Pitta Pitta People); Dorrie Prowse & Ors (Yulluna People)/Queensland/Gryphon Minerals Ltd; Cloncurry Precious Metals Pty Ltd; Holloman Minerals Ltd;

NATIONAL NATIVE TITLE TRIBUNAL

Alfred Nathan & Ors (Pitta Pitta People); Dorrie Prowse & Ors (Yulluna People)/Queensland/Gryphon Minerals Ltd; Cloncurry Precious Metals Pty Ltd; Holloman Minerals Ltd; [2008] NNTTA 77 (20 June 2008)

Applications No: QO07/141; QO08/1, QO08/2, QO08/10, QO08/11, QO08/12, QO08/13, QO08/14, QO08/15 & QO08/17

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

IN THE MATTER of inquiries into expedited procedure objection applications

Parties to the applications are listed in the attached schedule.

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:        John Sosso
Place:              Brisbane
Date:              20 June 2008

Catchwords: Native title – future act – proposed grant of exploration permits - expedited procedure objection applications – government party withdraws assertion of expedited procedure – no jurisdiction to proceed - objection applications dismissed.

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

REASONS FOR DECISION TO DISMISS 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 grantee parties listed in the attached schedule, 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).

On the dates specified in the attached Schedule, Deputy President Sumner, as delegate of the President, appointed me as the Member to constitute the Tribunal for the purpose of the expedited procedure objection inquiries.

By letter dated 18 June 2008, the government party advised the Tribunal that it had withdrawn its assertion that these grants are future acts attracting the expedited procedure. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

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 77 (20 June 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
15946	17/05/07	11/10/07	QO07/141	16/10/08	Cloncurry Precious Metals Pty Ltd	Alfred Nathan, Alice James, Neville Aplin, Henry Marion and Jean Jacks on behalf of the Pitta Pitta People QC99/27	18/06/08
15682	19/09/07	18/01/08	QO08/1	21/01/08	Gryphon Minerals Ltd	Dorrie Prowse, Hazel Sullivan, Clem Sullivan and Valerie Punch on behalf of the Yulluna People QC99/9	18/06/08
15682	19/09/07	18/01/08	QO08/2	24/01/08	Gryphon Minerals Ltd	Dorrie Prowse, Hazel Sullivan, Clem Sullivan and Valerie Punch on behalf of the Yulluna People QC99/9	18/06/08
16095	3/10/07	1/02/08	QO08/10	4/02/08	Holloman Minerals Ltd	Alfred Nathan, Alice James, Neville Aplin, Henry Marion and Jean Jacks on behalf of the Pitta Pitta People QC99/27	18/06/08
16097	3/10/07	1/02/08	QO08/11	4/02/08	Holloman Minerals Ltd	Alfred Nathan, Alice James, Neville Aplin, Henry Marion and Jean Jacks on behalf of the Pitta Pitta People QC99/27	18/06/08
16099	3/10/07	1/02/08	QO08/12	4/02/08	Holloman Minerals Ltd	Alfred Nathan, Alice James, Neville Aplin, Henry Marion and Jean Jacks on behalf of the Pitta Pitta People QC99/27	18/06/08
16100	3/10/7	1/02/08	QO08/13	4/02/08	Holloman Minerals Ltd	Alfred Nathan, Alice James, Neville Aplin, Henry Marion and Jean Jacks on behalf of the Pitta Pitta People QC99/27	18/06/08
16101	3/10/07	1/02/08	QO08/14	4/02/08	Holloman Minerals Ltd	Alfred Nathan, Alice James, Neville Aplin, Henry Marion and Jean Jacks on behalf of the Pitta Pitta People QC99/27	18/06/08
16102	3/10/07	1/02/08	QO08/15	4/02/08	Holloman Minerals Ltd	Alfred Nathan, Alice James, Neville Aplin, Henry Marion and Jean Jacks on behalf of the Pitta Pitta People QC99/27	18/06/08
16104	3/10/07	1/02/08	QO08/17	4/02/08	Holloman Minerals Ltd	Alfred Nathan, Alice James, Neville Aplin, Henry Marion and Jean Jacks on behalf of the Pitta Pitta People QC99/27	18/06/08

The applicants, the Pitta Pitta and Yulluna people, sought to object to the proposed grant of exploration permits by Gryphon Minerals, Cloncurry Precious Metals, and Holloman Minerals. The dispute centred on whether the Federal Court had jurisdiction to hear their objections under the Native Title Act 1993. The government, initially supporting the companies' use of the expedited procedure, later withdrew its support, leading to the applicants' challenge of the court's jurisdiction. The court was required to determine if it had the authority to hear the objections when the government party had withdrawn its assertion of the expedited procedure. The court found that without the government's support, it lacked jurisdiction to proceed with the objections. Consequently, the applications were dismissed. The court's decision hinged on the absence of the government's assertion of the expedited procedure, which was a prerequisite for the court's jurisdiction. The court ruled that it could not proceed with the objections in the absence of this critical assertion.

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