Colin McLennan & Ors (Jangga People);Queensland/Zamia Resources Pty Ltd

[2008] NNTTA 84

NATIONAL NATIVE TITLE TRIBUNAL

Colin McLennan & Ors (Jangga People);Queensland/Zamia Resources Pty Ltd,  [2008] NNTTA 84 (4 July 2008)

Application No:        QO08/39

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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Zamia Resources Pty Ltd  (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:              4 July 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 5 February 2008, the Minister for Natural Resources and Water (“government party”) gave notice under section 29 of the Native Title Act 1993 (Cwlth) (“the Act”) of the intention to grant Exploration Permit for Mineral (EPM) 16635 to Zamia Resources Pty Ltd (“grantee party”), and included in the notice a statement that it was considered that the grant attracted the expedited procedure.

[2]       On 7 April 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 9 April 2008, the President appointed me as the Member to constitute the Tribunal for the purpose of the expedited procedure objection inquiry.

1. By letter dated 30 June 2008, the government party advised the Tribunal that the application for EPM 16635 had been abandoned by the grantee party effective 19 June 2008. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to EPM 16635 is dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cwlth).

John Sosso
Deputy President