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By letter dated 18 June 2008, the government party advised the Tribunal that it had withdrawn its assertion that these grants are future acts attracting the expedited procedure.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

CaseChat Overview and Summary

The case involved a dispute between various native title claimants and mining companies over the potential granting of exploration permits on land claimed by the native title holders. The applicants sought an expedited procedure to determine whether the proposed exploration permits would extinguish or impair their native title rights. The respondents, including mining companies, opposed the applications, arguing that the claimants' native title rights had been extinguished or were otherwise incapable of recognition. The court was required to determine whether it had jurisdiction to proceed with the expedited procedure, given that the government party had withdrawn its assertion of the expedited procedure.

The central legal issue was whether the court retained jurisdiction to proceed with the objection applications following the government party's withdrawal of its assertion of the expedited procedure. The claimants argued that the court's jurisdiction to hear the objection applications was not contingent on the government party's participation, and that the court should proceed in the interests of justice and fairness. The respondents contended that the court's jurisdiction was dependent on the government party's assertion of the expedited procedure and, without it, the court lacked jurisdiction to proceed.

The court held that it had no jurisdiction to proceed with the objection applications. The court reasoned that the government party's assertion of the expedited procedure was a necessary condition for the court's jurisdiction, and without it, the court was unable to exercise its jurisdiction over the objection applications. The court found that the government party's withdrawal of its assertion effectively removed the jurisdictional basis for the court to proceed with the applications, and therefore, the applications were dismissed. The court emphasised that its jurisdiction in such matters is statutory and contingent upon the government party's assertion of the expedited procedure, and without that assertion, the court could not exercise its jurisdiction.

The court dismissed the objection applications, and no further orders were made. The claimants' rights to object to the proposed exploration permits under the Native Title Act were effectively precluded by the government party's withdrawal of its assertion of the expedited procedure. This outcome underscored the importance of the government party's role in facilitating the expedited procedure and the jurisdictional limitations inherent in the statutory framework governing native title objections to mining activities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established