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,...
[2007] NNTTA 64
•27 July 2007
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to the extent that there was no overlap with any Native Title Claimant application, and the government party had withdrawn it’s assertion that the grants attracted the expedited procedure in accordance with s 29 of the Act.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 |
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