Eileen Age & Ors (Bularnu Waluwarra & Wangkayujuru People)/Queensland/U308 Limited

[2012] NNTTA 34

NATIONAL NATIVE TITLE TRIBUNAL

Eileen Age & Ors (Bularnu Waluwarra & Wangkayujuru People)/Queensland/U308 Limited, [2012] NNTTA 34  (5 April 2012)

Applications No:       QO12/1

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

Eileen Age, Elizabeth Dempsey, Henry Page, Roxann Parker, David Riley and Mavis Samardin on behalf of the Bularnu Waluwarra & Wangkayujuru People          
  (native title party)

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The State of Queensland   (government party)

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U308 Limited  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:                   John Sosso
Place:                         Brisbane

Date:  5 April 2012

Catchwords:             Native title – future act – proposed grant of exploration permit - expedited procedure objection application – tenement abandoned by grantee party – no jurisdiction to proceed – expedited procedure objection application dismissed.

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

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

1. On 22 August 2011 the State of Queensland (“the government party”) gave notice under s. 29 of the Native Title Act 1993 (Cth) (“the Act”) of its intention to grant Exploration Permit for Mineral 18963 (“the proposed tenement”) to U308 Limited (“the grantee party”). The government party notice nominated 14 September 2011 as the notification day for the purpose of s. 29(4)(a), and included a statement that it was considered that the grant attracted the expedited procedure.

2. On 10 January 2012, the legal representative of the native title party lodged with the National Native Title Tribunal (“the Tribunal”), an expedited procedure objection application pursuant to s. 32(3).

1. On 16 January 2012, I was appointed as the Member to constitute the Tribunal for the purpose of the expedited procedure objection inquiry.

2. By letter dated 4 April 2012, the government party advised that the proposed tenement had been abandoned by the grantee party, effective 2 April 2012. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to Exploration Permit for Mineral 18963 is dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President