Alfred Nathan & Ors (Pitta Pitta People)/Queensland/Krucible Metals Pty Ltd

[2008] NNTTA 42

NATIONAL NATIVE TITLE TRIBUNAL

Alfred Nathan & Ors (Pitta Pitta People)/Queensland/Krucible Metals Pty Ltd [2008] NNTTA 42 (7 April 2008)

Application No:        QO07/125

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

Alfred Nathan, Alice James, Neville Aplin, Henry Marion and Jean Jacks on behalf of the Pitta Pitta People  (native title party)

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The State of Queensland   (government party)

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Krucible Metals Pty Ltd  (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:               7 April 2008

Catchwords:   Native title – future act – proposed grant of exploration permit - expedited procedure application – partial abandonment of tenement – no jurisdiction to proceed - objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

[1] On 30 May 2007, the Queensland Department of Natural Resources and Water (“the government party”) gave notice under section 29 of the Native Title Act 1993 (Cth) (“the Act”) of its intention to grant Exploration Permit for Mineral (EPM) 15834 to Krucible Metals Pty Ltd (“the grantee party”), and included in the notice a statement that it considered that the grant attracted the expedited procedure.

[2]       On 19 September 2007, Alfred Nathan and others on behalf of the Pitta Pitta People (“ the native title party”) lodged with the National Native Title Tribunal  (“ the Tribunal”), an expedited procedure objection application pursuant to section 32(3).

1. On 21 September 2007, 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 inquiry.

1. On 26 March 2008, the Tribunal was advised that the application for EPM 15834 had been partially abandoned to the extent that there was no longer any overlap with the Pitta Pitta People’s native title determination application. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to EPM 15834 is dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President