Colin McLennan & Ors (Jangga People);Queensland/Sexton Developments Pty Ltd

[2008] NNTTA 76

NATIONAL NATIVE TITLE TRIBUNAL

Colin McLennan & Ors (Jangga People);Queensland/Sexton Developments Pty Ltd, [2008] NNTTA 76 (19 June 2008)

Application No:        QO08/32

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 and 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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Sexton Developments Pty Ltd  (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:              19 June 2008

Catchwords:   Native title – future act – proposed grant of exploration permit - expedited procedure application – tenement abandoned – no jurisdiction to proceed  -  objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

[1]       On 20 February 2008, 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 Permit for Mineral (EPM) 16443 to Sexton Developments Pty Ltd (grantee party), and included in the notice a statement that it considered that the grant attracted the expedited procedure.

[2]       On 14 February 2008, Colin McLennan and others on behalf of the Jangga People (native title party) lodged with the National Native Title Tribunal (Tribunal), an expedited procedure objection application pursuant to section 32(3).

1. On 25 February 2008, 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 inquiry.

1. By letter dated 17 June 2008, the government party advised the Tribunal that the application for EPM 16443 had been abandoned by the grantee party effective 1 May 2008. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The objection application in relation to EPM 16443 is dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cwlth).

John Sosso
Deputy President