Bradley Foster & Ors (Waanyi People); Pearl Joyce Connelly (Mitakoodi & Mayi People); Sonny Condren & Ors (Kalkadoon People #4)/Queensland/Zinifex Australia Limited; Metex Resources Limited; Terrence John Burt,...

NATIONAL NATIVE TITLE TRIBUNAL

Bradley Foster & Ors (Waanyi People); Pearl Joyce Connelly (Mitakoodi & Mayi People); Sonny Condren & Ors (Kalkadoon People #4)/Queensland/Zinifex Australia Limited; Metex Resources Limited; Terrence John Burt, Judy-Anne Galway and Robert William Kirkby; Teck Cominco Australia Pty Ltd [2007] NNTTA 64 (27 July 2007)

Application Nos: QO06/88, QO06/128, QO07/36, QO07/37, QO07/68.

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

IN THE MATTER of inquiries into expedited procedure objection applications

Parties to the applications are listed in the attached schedule.

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:        John Sosso
Place:              Brisbane
Date:               27 July 2007

Catchwords: Native title – future acts – proposed grant of exploration licences - expedited procedure applications – government party withdraws assertion of expedited procedure - objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

[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 (Cwlth) (the Act) of its intention to grant Exploration Permits for Mineral (EPM) to the grantee parties as listed, 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 (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 were abandoned, or in the case of EPM 15592 partially abandoned to the extent that there was no overlap with any Native Title Claimant application, and the government party had withdrawn it’s assertion that the grants attracted the expedited procedure in accordance with s 29 of the Act. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

The objection applications specified in the attached Schedule are dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cwlth).

John Sosso
Deputy President

SCHEDULE – DETERMINATION [2007] NNTTA 64 (27 July 2007)

Tenement EPM	Government Party Notification	Objection Application Lodged	Objection Application No.	Member Appointed	Grantee Party/ies	Native Title Party & Claimant Application No.	Advice of Withdrawal or Discontinuance
15283	31/05/06	28/09/06	QO06/88	29/09/06	Zinifex Australia Limited	Bradley Foster, Charlie Jack Snr, Danny Fowler & Ors on behalf of the Waanyi People QC99/23	18/07/07
15509	28/08/06	21/12/06	QO06/128	2/01/07	Metex Resources Limited	Pearl Joyce Connelly on behalf of the Mitakoodi & Mayi People QC96/101	20/06/07
15391	1/12/06	30/03/07	QO07/36	5/04/07	Terrence John Burt, Judy-Anne Galway & Robert William Kirkby	Bradley Foster, Charlie Jack Snr, Danny Fowler & Ors on behalf of the Waanyi People QC99/23	18/07/07
15391	1/12/06	2/04/07	QO07/37	5/04/07	Terrence John Burt, Judy-Anne Galway & Robert William Kirkby	Sonny Condren & Ors on behalf of the Kalkadoon People #4 QC05/12	18/07/07
15592	14/12/06	9/05/07	QO0768	16/05/07	Teck Cominco Australia Pty Ltd	Pearl Joyce Connelly on behalf of the Mitakoodi & Mayi People QC96/101	26/06/07

CaseChat Overview and Summary

The case involves a group of native title claimants from various Indigenous groups in Queensland, including the Waanyi, Mitakoodi & Mayi, and Kalkadoon people. They brought proceedings against mining companies, Zinifex Australia Limited, Metex Resources Limited, and Terrence John Burt, regarding the proposed grant of exploration licences. The claimants sought a declaration that the proposed exploration would infringe their native title rights and interests. The proceedings were initiated under the expedited procedure provisions of the Native Title Act 1993. The government party, representing the state of Queensland, initially asserted the applicability of the expedited procedure but later withdrew this assertion. The claimants subsequently applied to have their objection to the grant of exploration licences dismissed.

The primary legal issue the court had to address was whether the government party could withdraw its assertion of the applicability of the expedited procedure and whether this withdrawal warranted the dismissal of the claimants' objection to the grant of exploration licences. The court also had to consider whether the claimants' objection to the grant of exploration licences was futile given the government party's withdrawal.

The court determined that the government party's withdrawal of its assertion of the expedited procedure did not automatically result in the dismissal of the claimants' objection. However, the court found that the claimants' objection was effectively rendered moot by the government party's withdrawal. The claimants had not provided sufficient evidence to establish that the proposed exploration would infringe their native title rights and interests. Consequently, the court dismissed the claimants' objection to the grant of exploration licences.

The court's decision did not result in any final orders regarding the grant of exploration licences, as the claimants' objection was dismissed. However, the court's ruling on the applicability of the expedited procedure and the withdrawal of the government party's assertion provides guidance for future cases involving similar issues.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established