Colin McLennan & Ors (Jangga People); Rodney Accoom & Ors (Northern Kaanju People and Yianh People)/Queensland/ Redstone Minerals Pty Ltd; Norkay Pty Ltd

[2005] NNTTA 86

NATIONAL NATIVE TITLE TRIBUNAL

Colin McLennan & Ors (Jangga People); Rodney Accoom & Ors (Northern Kaanju People and Yianh People)/Queensland/ Redstone Minerals Pty Ltd; Norkay Pty Ltd; [2005] NNTTA 86 (24 November 2005)

Application Nos:   QO05/87 and  QO05/175

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

IN THE MATTER of inquiries into expedited procedure objection applications

Parties to the applications are listed in the attached schedule.

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:        John Sosso
Place:              Brisbane
Date:               24 November 2005

Catchwords:   Native title – future acts – proposed grant of exploration licences - expedited procedure applications – applications for exploration licences withdrawn - objection application dismissed.

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

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

[1] On the dates specified in the attached Schedule, the government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant Exploration Permits (EPM) to the grantee parties as listed, and included in the notices a statement that it considered that the grants attracted the expedited procedure.

[2]       On the dates specified in the attached Schedule, the native title parties lodged with the National Native Title Tribunal (Tribunal), expedited procedure objection applications pursuant to section 32(3).

[3]        On the dates specified in the attached Schedule, 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 inquiries.

[4]        On the dates specified in the attached Schedule, the Tribunal was advised that the applications for EPM were withdrawn and the Tribunal no longer had jurisdiction to proceed.

Decision

[5] The objection applications specified in the attached Schedule are dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Member

SCHEDULE  –  DETERMINATION [2005] NNTTA 86 (24 November 2005)

Tenement EPM	Government Party Notification	Objection Application Lodged	Objection Application No.	Member Appointed	Native Title Party &    Claimant Application No.	Government Party	Grantee Party/ies	Advice of Withdrawal or Discontinuance
14557	22/12/04	5/04/05	QO05/87	13/04/05	Colin McLennan & ors on behalf of the Jangga People QC98/10	State of Queensland     Department of Natural Resources and Mines	Redstone Minerals Pty Ltd	28/10/05
14114	27/04/05	25/08/05	QO05/175	30/08/05	Rodney Accoom & ors on behalf of the Northern Kaanju People & Yianh People QC97/45	State of Queensland     Department of Natural Resources and Mines	Norkay Pty Ltd	4/11/05