Dorrie Prowse & Ors (Yulluna People)/Queensland/Cloncurry Metals Limited, Mt Dockerell Mining Pty Ltd, Krucible Metals Ltd

[2010] NNTTA 61

NATIONAL NATIVE TITLE TRIBUNAL

Dorrie Prowse & Ors (Yulluna People)/Queensland/Cloncurry Metals Limited, Mt Dockerell Mining Pty Ltd, Krucible Metals Ltd, [2010] NNTTA 61 (5 May 2010)

Applications No:       QO09/154, QO09/159, QO09/160

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

IN THE MATTER of inquiries into expedited procedure objection applications

Dorrie Prowse, Hazel Sullivan and Valerie Punch on behalf of the Yulluna People

(native title party)

- and -

The State of Queensland   (government party)

- and -

Grantee parties as listed on the attached schedule           (grantee parties)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:                   John Sosso
Place:                         Brisbane
Date:  5 May 2010

Catchwords:             Native title – future act – proposed grants of exploration permits - expedited procedure objection applications – native title determination application dismissed – no jurisdiction to proceed – expedited procedure objection applications dismissed.

Legislation:Native Title Act1993 (Cth) ss. 29, 32, 148(a).

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

[1] On the dates specified in the attached schedule, the State of Queensland (“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 to the grantee parties as described on the attached schedule. The notices also specified the notification day for the purpose of s.29(4)(a), and included a statement that it was considered that the grants attracted the expedited procedure.

[2] On the dates specified in the attached schedule, Dorrie Prowse, Hazel Sullivan and Valerie Punch on behalf of the Yulluna People, (“the native title party”) lodged with the National Native Title Tribunal (“the Tribunal”), expedited procedure objection applications pursuant to s.32(3).

[3]     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.

[4]     On 8 December 2009, His Honour Justice Dowsett of the Federal Court of Australia made Orders that the native title determination application for the Yulluna People (QUD6012/99) “stand dismissed on and from 30 April 2010”. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

[5] The expedited procedure objection applications as listed in the attached schedule are dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President

SCHEDULE  –  DETERMINATION [2010] NNTTA  61 (5 May 2010)

Tenement EPM	Government Party Notification	Notification Day s 29(4)(a)	Objection Application Lodged	Objection Application No.	Member Appointed	Grantee Party	Native Title Party & Application No.	Date of Dismissal
17605	20/05/09	8/07/09	4/11/09	QO09/154	6/11/09	Cloncurry Metals Limited	Dorrie Prowse, Hazel Sullivan and Valery Punch on behalf of the Yulluna People QC99/9	30/04/10
17762	12/06/09	22/07/09	18/11/09	QO09/159	26/11/09	Mt Dockerell Mining Pty Ltd	Dorrie Prowse, Hazel Sullivan and Valery Punch on behalf of the Yulluna People QC99/9	30/04/10
17613	12/06/09	22/07/09	18/11/09	QO009/160	26/11/09	Krucible Metals Ltd	Dorrie Prowse, Hazel Sullivan and Valery Punch on behalf of the Yulluna People QC99/9	30/04/10