Allan Fisher & Ors (Birri People), Colin McLennan & Ors (Jangga People)/Queensland/Demycoal Pty Ltd

[2012] NNTTA 14

NATIONAL NATIVE TITLE TRIBUNAL

Allan Fisher & Ors (Birri People), Colin McLennan & Ors (Jangga People)/Queensland/Demycoal Pty Ltd, [2012] NNTTA  14   (14 February 2012)

Applications No:       QO11/135, QO11/142

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

IN THE MATTER of an inquiry into an expedited procedure objection application

Native title parties as listed in the attached schedule         
  (native title parties)

- and -

The State of Queensland   (government party)

- and -

Demycoal Pty Ltd  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:                   John Sosso
Place:                         Brisbane
Date:  14 February 2012

Catchwords:             Native title – future acts – proposed grant of exploration permit - expedited procedure objection applications – tenement abandoned by grantee party – no jurisdiction to proceed – expedited procedure objection applications dismissed.

Legislation:Native Title Act1993 (Cth) ss. 29, 32, 148(a).

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

[1] On the dates listed in the attached schedule, the State of Queensland (“the government party”) gave notice under s. 29 of the Native Title Act 1993 (Cth) (“the Act”) of its intention to grant Exploration Permit for Coal (EPC 2117) (“the proposed tenement”) to Demycoal Pty Ltd (“the grantee party”). The government party notice nominated 8 June 2011 as the notification day for the purpose of s. 29(4)(a), and included a statement that it was considered that the grant attracted the expedited procedure.

[2] On the dates specified in the attached schedule, the native title parties lodged with the National Native Title Tribunal (“the Tribunal”), expedited procedure objection applications pursuant to s. 32(3).

[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 inquiry.

[4]     By letter dated 14 February 2012, the government party advised that the proposed tenement had been abandoned by the grantee party, effective 25 January 2012. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

[5] The expedited procedure objection applications as listed in the attached schedule are dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President

SCHEDULE  –  DETERMINATION [2012] NNTTA 14  (14 February 2012)

Tenement	Government Party Notification	Notification Day s 29(4)(a)	Objection Application Lodged	Objection Application No.	Member Appointed	Grantee Party	Native Title Party & Application No.	Date of Dismissal
EPC 2117	13/05/11	8/06/11	22/09/11	QO11/135	22/09/11	Demycoal Pty Ltd	Grace Smallwood, Allan Fisher, Heather Tilberoo, Algon Walsh Jnr, Colin McLennan, David Miller, Frank Fisher & Anor on behalf of the Birri People QC98/12	14/02/12
EPC 2117	13/05/11	8/06/11	6/10/11	QO11/142	10/10/11	Demycoal Pty Ltd	Colin McLennan, James Gaston, Thomas Brown, Tyrone Tiers, Dorothy Hustler and Marie McLennan behalf of the Jangga People QC98/10	14/02/12