Allan Fisher & Ors (Birri People)/Queensland/Liontown Resources Limited

[2012] NNTTA 39

NATIONAL NATIVE TITLE TRIBUNAL

Allan Fisher & Ors (Birri People)/Queensland/Liontown Resources Limited, [2012] NNTTA  39 (24 April 2012)

Applications No:       QO11/35, QO11/36, QO11/155

IN THE MATTER of the Native Title Act1993 (Cth)

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IN THE MATTER of an inquiry into expedited procedure objection applications

Grace Smallwood, Allan Fisher, Heather Tilberoo, Algon Walsh Jnr, Colin McLennan, David Miller, Frank Fisher & Anor, on behalf of the Birri People
  (native title party)

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The State of Queensland   (government party)

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Liontown Resources Limited  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:                   John Sosso
Place:                         Brisbane
Date:  24 April 2012

Catchwords:             Native title – future acts – proposed grant of exploration permits - expedited procedure objection applications – tenements 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 various Exploration Permits for Mineral (EPM) (“the proposed tenements”) to Liontown Resources Limited (“the grantee party”). The government party notices included a statement that it was considered that the grants attracted the expedited procedure. The notification date for the purpose of s. 29(4)(a) is listed in the attached schedule.

[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 inquiries.

[4]     By letter dated  24 April 2012, the government party advised that the proposed tenements had been abandoned by the grantee party, effective 17 April 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  39  (24 April 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
EPM 18674	30/11/10	5/01/11	29/03/11	QO11/35	8/04/11	Liontown Resources Limited	Grace Smallwood, Allan Fisher, Heather Tilberoo, Algon Walsh Jnr, Colin McLennan, David Miller, Frank Fisher & Anor on behalf of the Birri People QC98/12	24/04/12
EPM 18642	30/11/10	5/01/11	29/03/11	QO11/36	8/04/11	Liontown Resources Limited	Grace Smallwood, Allan Fisher, Heather Tilberoo, Algon Walsh Jnr, Colin McLennan, David Miller, Frank Fisher & Anor on behalf of the Birri People QC98/12	24/04/12
EPM 18730	24/06/11	20/07/11	21/11/11	QO11/155	22/11/11	Liontown Resources Limited	Grace Smallwood, Allan Fisher, Heather Tilberoo, Algon Walsh Jnr, Colin McLennan, David Miller, Frank Fisher & Anor on behalf of the Birri People QC98/12	24/04/12