Clara Foster & Ors (Gangalidda & Garawa People #2)/Queensland/Redbank Operations Pty Ltd

[2011] NNTTA 202

NATIONAL NATIVE TITLE TRIBUNAL

Clara Foster & Ors (Gangalidda & Garawa People #2)/Queensland/Redbank Operations Pty Ltd, [2011] NNTTA 202  (24 November 2011)

Application No:        QO11/59

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

Clara Foster, Murray Walden Jr, Terrance Taylor, Jacky Green, Jack Hogan and Hilton Charlie on behalf of the Gangalidda and Garawa People #2

(native title party)

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The State of Queensland   (government party)

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Redbank Operations Pty Ltd  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:               24 November 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, 76, 77, 148(a)

Mineral Resources Act 1989 (Qld) s 159

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

1. On 30 November 2010, the State of Queensland (“government party”) gave notice under s. 29 of the Native Title Act 1993 (Cth) (“the Act”) of its intention to grant Exploration Permit for Mineral, EPM 18553 (“the proposed tenement”) to Redbank Operations 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) 5 January 2011 was specified as the notification day.

2. On 19 April 2011, Carpentaria Land Council Aboriginal Corporation lodged with the National Native Title Tribunal (“Tribunal”), an expedited procedure objection application pursuant to s. 32(3) on behalf of the Gangalidda and Garawa People #2 (“native title party”).

3. On 19 April 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 20 April 2011, having considered the expedited procedure objection application against each of the conditions contained in s. 76 and Regulation 4 of the Native Title (Tribunal) Regulations 1993, I accepted it pursuant to s. 77.

1. On 24 November 2011 the government party advised the Tribunal that Exploration Permit Mineral EPM 18553 had been abandoned by the applicant effective 17 October 2011. 

2. Accordingly, there is no future act and the Tribunal has no jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to EPM 18553 is dismissed pursuant to s. 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President