Alice West & Ors (Djaku-nde & Jangerie Jangerie Peoples)/Queensland/Aquila Coal Pty Ltd

[2010] NNTTA 42

NATIONAL NATIVE TITLE TRIBUNAL

Alice West & Ors (Djaku-nde & Jangerie Jangerie Peoples)/Queensland/Aquila Coal Pty Ltd, [2010] NNTTA 42 (26 March 2010)

Application No:        QO09/229

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

Alice West, James Saltner, Victor West and Robert Bond on behalf of the Djaku-nde & Jangerie Jangerie Peoples

(native title party)

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The State of Queensland   (government party)

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Aquila Coal Pty Ltd  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:               26 March 2010

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

Legislation:Native Title Act 1993 (Cth) ss 29, 32, 148(a)

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

1. On 3 July 2009, the State of Queensland (“government party”) gave notice under section 29 of the Native Title Act 1993 (Cth) (“the Act”) of its intention to grant Exploration Permit for Coal, EPC 1412 to Aquila Coal Pty Ltd (“grantee party”) and included a statement that it considered that this proposed future act attracted the expedited procedure. Pursuant to s.29(4) 19 August 2009 was specified as the notification day.

2. On 21 December 2009, Ms Margarita Escartin, Solicitor for the Djaku-nde & Jangerie Jangerie Peoples (“native title party”) lodged with the National Native Title Tribunal (“Tribunal”), an expedited procedure objection application pursuant to s.32(3).

3. On 23 December 2009, Deputy President Sumner, as delegate to the President, appointed me as the Member to constitute the Tribunal for the purpose of the expedited procedure objection inquiry.

4. By letter dated 22 March 2010, Ms Sara Newrick for the State of Queensland advised that the application for EPC 1412 had been partially abandoned by the grantee party to the extent that it no longer had any intersection with the Djaku-nde & Jangerie Jangerie Peoples native title determination application. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to EPC 1412 lodged by the Djaku-nde & Jangerie Jangerie Peoples is dismissed pursuant to s.148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President