Alfred Nathan & Ors (Pitta PittaPeople); Dorrie Prowse & Ors (Yulluna People)/Queensland/Krucible Metals PtyLtd

[2008] NNTTA 20

NATIONAL NATIVE TITLE TRIBUNAL

Alfred Nathan & Ors (Pitta PittaPeople); Dorrie Prowse & Ors (Yulluna People)/Queensland/Krucible Metals PtyLtd, [2008] NNTTA 20 (8 February 2008)

Applications No:        QO07/126, QO07/128 & QO08/3

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

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Dorrie Prowse, Hazel Sullivan and Valerie Punch on behalf of the Yulluna People  (native title parties)

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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:               8 February 2008

Catchwords:   Native title – future act – proposed grant of exploration permit - expedited procedure application – abandonment of tenements – 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 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 Krucible Metals Pty Ltd (“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 parties 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, 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.

1. On the dates specified in the attached Schedule, the Tribunal was advised that the applications for EPM were abandoned to the extent that there was no overlap with any native title determination application, and the government party had withdrawn it’s assertion that the grants attracted the expedited procedure. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The 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 20 (8 February 2008)

Tenement EPM	Government Party Notification	Objection Application Lodged	Objection Application No.	Member Appointed	Grantee Party/ies	Native Title Party & Application No.	Advice of Withdrawal or Discontinuance
15835	8/05/07	19/09/07	QO07/126	21/09/07	Krucible Metals Pty Ltd	Alfred Nathan, Alice James, Neville Aplin, Henry Marion and Jean Jacks on behalf of the Pitta Pitta People QC99/27	6/02/08
15835	8/05/07	19/09/07	QO07/128	21/09/07	Krucible Metals Pty Ltd	Dorrie Prowse, Hazel Sullivan and Valerie Punch on behalf of the Yulluna People QC99/9	6/02/08
16152	19/09/07	18/01/08	QO08/3	21/01/08	Krucible Metals Pty Ltd	Bradley Foster, Charlie Jack Snr, Danny Fowler & Ors on behalf of the Waanyi People  QC99/23	6/02/08