Bradley Foster & Ors (Waanyi People)/Queensland/Rio Tinto Exploration Pty Ltd
[2004] NNTTA 56
•28 June 2004
NATIONAL NATIVE TITLE TRIBUNAL
Bradley Foster & Ors (Waanyi People)/Queensland/Rio Tinto Exploration Pty Ltd,
[2004] NNTTA 56 (28 June 2004)
Application No: QO04/40
IN THE MATTER of the Native Title Act 1993 (Cth)
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IN THE MATTER of an inquiry into an expedited procedure objection application
Bradley Foster & Ors (Waanyi People) (native title party)
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The State of Queensland (Government party)
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Rio Tinto Exploration Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: John Sosso
Place: Brisbane
Date: 18 June 2004
Catchwords: Native Title – future act – proposed grant of exploration permit - mineral – expedited procedure objection application – application for exploration permit - mineral withdrawn – objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s 148(a)
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
[1] On 21 January 2004, the government party gave notice under section 29 of the Native Title Act 1993 (Cth) of its intention to grant Exploration Permit for Mineral (“EPM”) 12889 (“the proposed tenement”) to Rio Tinto Exploration Pty Ltd (“the grantee party”) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
[2] On 21 May 2004, Bradley Foster, Charlie Jack (Snr), Danny Fowler, David Darby, Don George, Douglas Willetts, Edwin Jacob, Gordon Douglas, Henry Aplin, Henry Daly, Jack Hogan, Kevin Cairns, Maxwell King, Neville Barclay, Peter Bell, Peter O’Keefe, Reggie Carlton, Roy Second, Russell Rockland, Tony Douglas, Troy Hookey, Ada Walden, Del Burgen, Hazel Sewter, Mary Cameron, Maureen Gregory, Nancy George, and Shirley Chong, registered native title claimants in the Waanyi People native title determination application (“the native title party”), lodged with the Tribunal an expedited procedure objection application, pursuant to section 32(3).
[3] The Department of Natural Resources, Mines and Energy, on behalf of the government party, advised the Tribunal that on 24 May 2004 the grantee party gave notice, pursuant to section 159 of the Mineral Resources Act 1989 (Qld), of its abandonment of its application for the grant of the proposed tenement. So far as is relevant section 159 provides as follows:
“(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 his or her application.
(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.”
On 18 June 2004 the government party formally notified the Tribunal of the grantee party’s abandonment of its application for the proposed tenement, and of the government party’s withdrawal of the section 29 notice in this matter.
Section 24AA(1) provides: “This Division deals mainly with future acts, which are defined in section 233. Acts that do not affect native title are not future acts; therefore this Division does not deal with them (see section 227 for the meaning of acts that affect native title).” As the grantee party has abandoned its application for the proposed tenement, and the government party has withdrawn the section 29 notice, there is no future act which enlivens the jurisdiction of the Tribunal to conduct an expedited procedure objection inquiry. In these circumstances the proper course of action is for the expedited procedure objection application to be dismissed pursuant to section 148(a). This paragraph empowers the Tribunal to dismiss an application where it is satisfied “that it is not entitled to deal with the application.”
Decision
There is no longer any proposal from the government party to do a future act and accordingly the expedited procedure objection application is dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).
John Sosso
Member
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