Doris Fred & R J Morganson (Warrungu People #2); Johnny Frogg & Ors (Kalkadoon People #4)/Queensland/NQM Exploration Pty Ltd; Minotaur Operations Pty Ltd

[2008] NNTTA 158

NATIONAL NATIVE TITLE TRIBUNAL

Doris Fred & R J Morganson (Warrungu People #2); Johnny Frogg & Ors (Kalkadoon People #4)/Queensland/NQM Exploration Pty Ltd; Minotaur Operations Pty Ltd [2008] NNTTA 158 (1 December 2008)

Applications No:        QO08/58, QO08/111 & QO08/112

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

IN THE MATTER of inquiries into expedited procedure objection applications

Johnny Frogg, William Doyle, Noelene Dempsey, Illona Parter, Sonny Condren, Hazel Munro, Sue Samardin Jr, Patricia Kyle, Connie Craigie and Doug Bruce on behalf the Kalkadoon People #4

Doris Fred and Reginald Joseph Morganson on behalf of the Jangga People;

(native title parties)

- and -

The State of Queensland   (government party)

- and -

Minotaur Operations Pty Ltd

NQM Exploration Pty Ltd  (grantee parties)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:        John Sosso
Place:              Brisbane
Date:               1 December 2008

Catchwords:   Native title – future act – proposed grant of exploration permits - expedited procedure objection applications – abandonment/partial abandonment of tenements – no jurisdiction to proceed  -  objection applications 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 Queensland Department of Natural Resources and Water (“government party”) gave notice under section 29 of the Native Title Act 1993 (Cth) (“the Act”) of its intention to grant Exploration Permits for Mineral (EPM) to Minotaur Operations Pty Ltd & NQM Exploration Pty Ltd (“grantee parties”), 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 (“the Tribunal”), expedited procedure objection applications pursuant to section 32(3).

1. 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.

1. On the dates specified in the attached Schedule, the Tribunal was advised that the applications for EPM had either been abandoned or partially abandoned so that there is no overlap with any Native Title Determination Application. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

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

John Sosso
Deputy President

SCHEDULE  –  DETERMINATION [2008] NNTTA 158 (1 December 2008)

Tenement EPM	Government Party Notification	Objection Application Lodged	Objection Application No.	Member Appointed	Grantee Party	Native Title Party & Application No.	Advice of Withdrawal or Discontinuance
16479	24/11/07	29/04/08	QO08/58	7/05/08	Minotaur Operations Pty Ltd	Johnny Frogg, William Doyle, Noeleen Dempsey, Illona Parter, Sonny Condren, Hazel Munro Sue Samardin Jr, Patricia Kyle, Connie Craigie and Doug Bruce on behalf of the Kalkadoon People #4 QC05/12	7/11/08
16542	6/03/08	14/08/08	QO08/111	18/08/08	NQM Exploration Pty Ltd	Doris Fred and Reginald Joseph Morganson on behalf of the Warrungu  People #2 QC04/8	28/11/08
16543	6/03/08	14/08/08	QO08/112	18/08/08	NQM Exploration Pty Ltd	Doris Fred and Reginald Joseph Morganson on behalf of the Warrungu  People #2 QC04/8	28/11/08