Anthony Kerindun & Ors (Wik and Wik Way Peoples)/Queensland/Gulf Alumina Pty Ltd

[2011] NNTTA 7

NATIONAL NATIVE TITLE TRIBUNAL

Anthony Kerindun & Ors (Wik and Wik Way Peoples)/Queensland/Gulf Alumina Pty Ltd, [2011] NNTTA 7 (7 February 2011)

Application No:        QO10/241

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

Anthony Kerindun, Silas Wolmby, Victor Kuukumu Lawrence, Hogan Shortjoe, Robert Benon Yeium Holroyd & Anor on behalf of the Wik & Wik Way Peoples(native title party)

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The State of Queensland   (government party)

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Gulf Alumina Pty Ltd  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:               7 February 2011

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)

Mineral Resources Act 1989 (Qld) s 159

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

1. On 19 August 2010, 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 Mineral, EPM 18456 (“the proposed tenement”) to Gulf Alumina 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) 29 September 2010 was specified as the notification day.

2. On 20 December 2010, Anthony Kerindun & Ors, on behalf of the Wik and Wik Way Peoples (“native title party”) lodged with the National Native Title Tribunal (“Tribunal”), an expedited procedure objection application pursuant to s.32(3).

3. On 10 January 2011, 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. On 25 January 2011 the grantee party wrote to the Department of Employment, Economic Development and Innovation to abandon its application for the proposed tenement. So far as is relevant s.159 of the Mineral Resources Act 1989 (Qld) provides:

   “(1) The applicant for an exploration permit may, at any time before  the grant of the exploration permit, by notice in writing to the chief executive abandon the application in relation to all or part of the land to which it relates.

   (2) The abandonment of an application for the grant of an exploration permit shall take effect on the day next following its receipt by the chief executive.”

5. In accordance with s.159(2), the abandonment of the proposed tenement took effect on 26 January 2011. As there no longer is a future act, the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to EPM 18456 is dismissed pursuant to s.148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President