Allan Fisher & Ors (Birri People); David Allie & Ors (Gudjala People); Johnny Frogg & Ors (Kalkadoon People #4)/Queensland/Sexton Developments Pty Ltd; Bridge Mines Pty Ltd; Macmin Silver Ltd
[2008] NNTTA 159
•5 December 2008
NATIONAL NATIVE TITLE TRIBUNAL
Allan Fisher & Ors (Birri People); David Allie & Ors (Gudjala People); Johnny Frogg & Ors (Kalkadoon People #4)/Queensland/Sexton Developments Pty Ltd; Bridge Mines Pty Ltd; Macmin Silver Ltd [2008] NNTTA 159 (5 December 2008)
Applications No: QO08/49, QO8/55, QO08/56, QO08/73 & QO08/79
IN THE MATTER of the Native Title Act1993 (Cth)
- and -
IN THE MATTER of inquiries into expedited procedure objection applications
Johnny Frogg, William Doyle, Noelene Dempsey, Illona Parter, Sonny Condren, Hazel Munro, Sue Samardin Jr, Patricia Kyle, Connie Craigie and Doug Bruce on behalf the Kalkadoon People #4.
David Allie, Roe Hero, William Santo, Gavin Allingham, Allan Huen and Gloria Santo on behalf of the Gudjala People;
(native title parties)
- and -
The State of Queensland (government party)
- and -
Bridge Mines Pty Ltd
Macmin Silver Ltd (grantee parties)
DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS
Tribunal: John Sosso
Place: Brisbane
Date: 5 December 2008
Catchwords: Native title – future act – proposed grant of exploration permits - expedited procedure objection applications – abandonment of tenements – no jurisdiction to proceed - objection applications dismissed.
Legislation:Native Title Act 1993 (Cth) s 148(a)
REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE 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 Bridge Mines Pty Ltd and Macmin Silver Ltd (“grantee parties”), 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 (“the 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.
On the dates specified in the attached Schedule, the Tribunal was advised that the applications for EPM had been abandoned. 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 159 (5 December 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 |
| 16490 | 12/12/07 | 10/04/08 | QO08/49 | 11/04/08 | Bridge Mines Pty Ltd | Johnny Frogg, William Doyle, Noelene Dempsey, Illona Parter, Sonny Condren, Hazel Munro, Sue Samardin Jr, Patricia Kyle, Connie Craigie and Doug Bruce on behalf the Kalkadoon People #4 QC05/12 | 3/12/08 |
| 16487 | 20/02/08 | 28/04/08 | QO08/55 | 7/05/08 | Bridge Mines Pty Ltd | David Allie, Roe Hero, William Santo, Gavin Allingham, Allan Huen and Gloria Santo on behalf of the Gudjala People QC05/6 | 3/12/08 |
| 16492 | 20/02/08 | 28/04/08 | QO08/56 | 7/05/08 | Bridge Mines Pty Ltd | David Allie, Roe Hero, William Santo, Gavin Allingham, Allan Huen and Gloria Santo on behalf of the Gudjala People QC05/6 | 3/12/08 |
| 16536 | 5/03/08 | 6/06/08 | QO08/73 | 16/06/08 | Macmin Silver Ltd | Johnny Frogg, William Doyle, Noelene Dempsey, Illona Parter, Sonny Condren, Hazel Munro, Sue Samardin Jr, Patricia Kyle, Connie Craigie and Doug Bruce on behalf the Kalkadoon People #4 QC05/12 | 3/12/08 |
| 16488 | 5/03/08 | 6/06/08 | QO08/79 | 19/06/08 | Bridge Mines Pty Ltd | Johnny Frogg, William Doyle, Noelene Dempsey, Illona Parter, Sonny Condren, Hazel Munro, Sue Samardin Jr, Patricia Kyle, Connie Craigie and Doug Bruce on behalf the Kalkadoon People #4 QC05/12 | 3/12/08 |
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