David Allie & Ors (Gudjala People)/Queensland/Citigold Corporation Limited

[2006] NNTTA 39

NATIONAL NATIVE TITLE TRIBUNAL

David Allie & Ors (Gudjala People)/Queensland/Citigold Corporation Limited, [2006] NNTTA 39 (27 April 2006)

Application No:        QO05/176

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

David Allie, Roe hero, William Santo, Gavin Allingham, Allan Huen and Gloria Santo (Gudjala People)           
  (native title party)

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The State of Queensland   (government party)

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Citigold Corporation Limited   (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       John Sosso
Place:             Brisbane
Date:              27 April 2006

Catchwords:  Native title – future act – proposed grant of exploration permit - expedited procedure objection application – application for exploration permit withdrawn - objection application dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 27 April 2005, the government party gave notice under section 29 of the Native Title Act 1993 (Cth) of its intention to grant Exploration Permit (EPM) 14542 to Citigold Corporation Limited, and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 29 August 2005, the native title party lodged with the National Native Title Tribunal (“the Tribunal”), an expedited procedure objection application pursuant to section 32(3).

3. On 30 August 2005, 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. The Department of Natural Resources, Mines and Water, on behalf of the government party, advised the Tribunal that on 26 September 2005 the grantee party gave notice, pursuant to section 159 of the Mineral Resources Act 1989 (Qld), of its intention to abandon its application for the grant of the proposed tenement.

5. On 21 April 2006, the Tribunal was formally advised by the government party that the application for EPM 14542 had been withdrawn and of the government party’s withdrawal of the section 29 notice in this matter.

6. As the grantee party has abandoned its application for the proposed tenement and the government party has withdrawn the section 29 notice, there is no longer a future act which enlivens the jurisdiction of the Tribunal to conduct an expedited procedure objection inquiry. In these circumstances the appropriate course of action is for the expedited procedure objection application to be dismissed pursuant to section 148(a). So far as is relevant section 148 provides: “The Tribunal may dismiss an application, at any stage of an inquiry relating to the application, if: (a) the Tribunal is satisfied that it is not entitled to deal with the application.”  In this case the abandonment of the application for the proposed tenement necessarily removes the jurisdiction of the Tribunal to proceed with the inquiry as there is no longer a proposed future act.  

Decision

1. There is no longer any proposal from the government party to do a future act and accordingly the expedited procedure objection application is dismissed pursuant to s 148(a) of the Native Title Act1993 (Cth).

John Sosso
Member