Dorothy May Sirris (Koinjmal People)/Queensland/Marlborough Nickel Pty Ltd

[2007] NNTTA 2

NATIONAL NATIVE TITLE TRIBUNAL

Dorothy May Sirris (Koinjmal People)/Queensland/Marlborough Nickel Pty Ltd
[2007] NNTTA  2   (15 January 2007)

Application No:        QO06/63

IN THE MATTER of the Native Title Act 1993 (Cth)

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IN THE MATTER of an inquiry into an expedited procedure objection application

Dorothy May Sirris (Koinjmal People)                 (native title party)

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The State of Queensland   (government party)

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Marlborough Nickel Pty Ltd   (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:       John Sosso
Place:             Brisbane
Date:              15 January 2007

Catchwords:  Native title – future act – proposed grant of addition of excluded land – expedited procedure objection application – application for addition of excluded land withdrawn – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) ss. 29, 32, 148(a)

Mineral Resources Act 1989 (Qld) ss. 159, 176A

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 22 February 2006, the government party gave notice under section 29 of the Native Title Act 1993 (Cth) (“the Act”) of its intention to grant, pursuant to section 176A of the Mineral Resources Act 1989 (Qld), an application to add Excluded Land into Exploration Permit for Mineral (AEL/EPM) 14145 (“the proposed tenement”) to Marlborough Nickel Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 22 June 2006, Dorothy May Sirris, the registered native title claimant in the Koinjmal People native title determination application (‘the native title party’), lodged with the Tribunal an expedited procedure objection application, pursuant to subsection 32(3) of the Act.

3. The Department of Natural Resources and Water, on behalf of the government party advised the Tribunal that on 11 December 2006 the grantee party gave notice, pursuant to section 159 of the Mineral Resources Act 1989 (Qld), of its abandonment of its application for the addition of Excluded Land into the proposed tenement. Pursuant to subsection 159(2) the abandonment takes effect the day following the government party receiving the letter of abandonment.

4. On 12 January 2007, the government party formally notified the Tribunal of the grantee party’s abandonment of its application for the addition of Excluded Land, and of the government party’s withdrawal of the section 29 notice in this matter.

5. As the grantee party has abandoned its application for the addition of Excluded Land, and the government party has withdrawn the section 29 notice, there is no future act which enlivens the jurisdiction of the Tribunal to conduct an expedited procedure objection inquiry. In these circumstances the proper course of action is for the expedited procedure objection application to be dismissed pursuant to paragraph 148(a) of the Act. This paragraph empowers the Tribunal to dismiss an application where it is satisfied “that it is not entitled to deal with the application”.

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 paragraph 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Member