David Allie & Ors (Gudjalaa People)/Queensland/Mt Dockerell Mining Pty Ltd
[2006] NNTTA 6
•1 February 2006
NATIONAL NATIVE TITLE TRIBUNAL
David Allie & Ors (Gudjalaa People)/Queensland/Mt Dockerell Mining Pty Ltd, [2006] NNTTA 6 (1 February 2006)
Application No: QO05/177
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, Allen Huen and Gloria Santo on behalf of the Gudjala People (native title party)
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The State of Queensland (government party)
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Mt Dockerell Mining Pty Ltd (grantee party)
DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION
Tribunal: John Sosso
Place: Brisbane
Date: 1 February 2006
Catchwords: Native title – future act – proposed grant of exploration licence - expedited procedure application – application for exploration licence withdrawn - objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s 148(a)
REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION
[1] On 27 April 2005, the government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant Exploration Permit (EPM) 14863 to Mt Dockerell Mining Pty Ltd, and included in the notice a statement that it considered that the grant attracted the expedited procedure.
[2] On 26 August 2005, the native title party lodged with the National Native Title Tribunal (Tribunal), an expedited procedure objection application pursuant to section 32(3).
On 30 August 2005, 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.
On 1 February 2006, the Tribunal was advised that the application for EPM 14863 had been withdrawn and the Tribunal no longer had jurisdiction to proceed.
Decision
The objection application is dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).
John Sosso
Member
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