David Allie & Ors (Gudjala People)/Queensland/Liontown Resources Ltd

[2009] NNTTA 28

NATIONAL NATIVE TITLE TRIBUNAL

David Allie & Ors (Gudjala People)/Queensland/Liontown Resources Ltd, [2009] NNTTA 28 (30 March 2009)

Application No:        QO08/54

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, Gavin Allingham, Roe Hero, Allan Huen, Gloria Santo and William Santo on behalf of the Gudjala People  (native title party)

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The State of Queensland   (government party)

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Liontown Resources Ltd  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:               30 March 2009

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

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

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

[1] On 2 January 2008, the State of Queensland (“government party”) gave notice under section 29 of the Native Title Act 1993 (Cth) (“the Act”) of the intention to grant Exploration Permit for Mineral (EPM) 16408 to Liontown Resources Limited (“grantee party”), and included in the notice a statement that it was considered that the grant attracted the expedited procedure.

[2]       On 28 April 2008, David Allie and others on behalf of the Gudjala People (“native title party”) lodged with the National Native Title Tribunal (“Tribunal”), an expedited procedure objection application pursuant to section 32(3).

1. On 7 May 2008 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.

1. By letter dated 16 February 2009, the government party advised the Tribunal that, pursuant to section 32(7) of the Act, it withdrew the assertion that the grant of EPM 16408 to the grantee party is a future act attracting the expedited procedure. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to EPM 16408 is dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President