Colin McLennan and Ors (Jangga People)/Queensland/Navaho Mining Pty Ltd

[2011] NNTTA 54

NATIONAL NATIVE TITLE TRIBUNAL

Colin McLennan & Ors (Jangga People)/Queensland/Navaho Mining Pty Ltd, [2011] NNTTA 54 (25 March 2011)

Application No:        QO10/246

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

Colin McLennan, James Gaston, Thomas Brown, Tyrone Tiers, Dorothy Hustler, Marie McLennan on behalf of the Jangga People(native title party)

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The State of Queensland   (government party)

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Navaho Mining Pty Ltd  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:               25 March 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, 148(a)

Mineral Resources Act 1989 (Qld) s 159

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

1. On 6 July 2010, 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 Permit for Mineral, EPM 18339 (“the proposed tenement”) to Navaho Mining 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) 18 August 2010 was specified as the notification day.

2. On 16 December 2010, Mr. Jeffrey Dillon, Solicitor for the Jangga People (“native title party”) lodged with the National Native Title Tribunal (“Tribunal”), an expedited procedure objection application pursuant to s.32(3).

3. On 10 January 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. By letter dated 17 March 2011 the Department of Employment, Economic Development and Innovation advised that the application for the proposed tenement had been abandoned by the granee party effective 1 December 2010. So far as is relevant s.159 of the Mineral Resources Act 1989 (Qld) provides:

   “(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 the application in relation to all or part of the land to which it relates.

   (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.”

5. In accordance with s.159(2), the abandonment of the proposed tenement took effect on 1 December 2010. As there no longer is a future act, the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to EPM 18339 is dismissed pursuant to s.148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President