Clara Foster & Ors (Gangalidda & Garawa People #1), Ada Walden & Ors (Waanyi People)/Queensland/Red Metal Limited, XDM Resources Limited

[2011] NNTTA 184

NATIONAL NATIVE TITLE TRIBUNAL

Clara Foster & Ors (Gangalidda & Garawa People #1), Ada Walden & Ors (Waanyi People)/Queensland/Red Metal Limited, XDM Resources Limited [2011] NNTTA 184 (11 October 2011)

Application No:        QO10/237, QO11/61 & QO11/65

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

IN THE MATTER of an inquiry into an expedited procedure objection application

Clara Foster, Murray Walden Jr., Terrance Taylor, Jacky Green, Jack Hogan and Hilton Charlie on behalf of the Gangalidda & Garawa Peoples

- and –

Ada Walden, Dawn Aplin, Malcolm George, Eunice O’Keefe and Fred O’Keefe on behalf of the Waanyi Peoples           

(native title parties)

- and -

The State of Queensland   (government party)

- and -

Red Metal Limited and EXM Resources Limited             (grantee parties)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:        John Sosso
Place:              Brisbane
Date:               11 October 2011

Catchwords:   Native title – future act – proposed grant of exploration permits – expedited procedure objection applications – no overlap between tenements and native title determination applications - no jurisdiction to proceed – expedited procedure objection applications dismissed.

Legislation:Native Title Act 1993 (Cth) ss 29, 32, 148(a)

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

1. On the dates specified in the attached schedule, 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 Permits for Mineral (EPMs 18579, 18645 and 18646) (“the proposed tenements”) to Red Metal Limited and XDM Resources Limited (“grantee parties”) as specified in the attached schedule, and included a statement that it considered that the proposed future acts attracted the expedited procedure.

2. On the dates specified in the attached schedule, expedited procedure objection applications pursuant to s. 32(3) were lodged with the National Native Title Tribunal (“Tribunal”), on behalf of the native title parties.

3. On the dates specified in the attached schedule, 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. By email dated 4 October 2011 the Department of Employment, Economic Development and Innovation were advised that Tribunal mapping had disclosed that there was no overlap between the proposed tenements and the native title determination application areas. 

5. As there are no future acts, the Tribunal has no jurisdiction to proceed.

Decision

1. The expedited procedure objection applications specified in the attached schedule are dismissed pursuant to s. 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President

SCHEDULE  –  DETERMINATION [2011] NNTTA 184 ( 11 October 2010)

Tenement EPM	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
18579	19/08/10	29/09/10	15/12/10	QO10/237	10/01/11	Red Metal Limited	Clara Foster, Murray Walden Jr., Terrance Taylor, Jacky Green, Jack Hogan and Hilton Charlie on behalf of the Gangalidda & Garawa Peoples QC04/5	11/10/11
18645	16/03/11	16/03/11	18/04/11	QO11/61	19/04/11	XDM Resources Limited	Ada Walden, Dawn Aplin, Malcolm George, Eunice O’Keefe and Fred O’Keefe on behalf of the Waanyi Peoples People QC99/23	11/10/11
18646	16/03/11	16/03/11	18/04/11	QO11/61	19/04/11	XDM Resources Limited	Ada Walden, Dawn Aplin, Malcolm George, Eunice O’Keefe and Fred O’Keefe on behalf of the Waanyi Peoples People QC99/23	11/10/11