Elsie Kyle & Ors (Gia People); Allan Fisher & Ors (Birri People)/Queensland/ Normanby Gold Pty Ltd

Case

[2006] NNTTA 16

20 February 2006


NATIONAL NATIVE TITLE TRIBUNAL

Elsie Kyle & Ors (Gia People); Allan Fisher & Ors (Birri People)/Queensland/ Normanby Gold Pty Ltd; [2006] NNTTA 16  (20 February 2006)

Application Nos:       QO05/214,  QO05/215,  QO05/219. 

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

IN THE MATTER of inquiries into expedited procedure objection applications

Applications are listed in the attached schedule.

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:        John Sosso
Place:              Brisbane
Date:               20 February 2006

Catchwords:   Native title – future acts – proposed grant of exploration licences - expedited procedure applications – applications for exploration licences withdrawn - objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

[1] On the dates specified in the attached Schedule, the State of Queensland (the government party) gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant Exploration Permits to the grantee parties as listed, 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 (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 the Exploration Permits were abandoned and the Tribunal no longer had jurisdiction to proceed.

Decision

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

John Sosso
Member

SCHEDULE  –  DETERMINATION [2006] NNTTA 16 (20 February 2006)

Tenement
EPM
Government Party Notification Objection Application Lodged Objection Application No. Member Appointed Grantee Party/ies Native Title Party & Claimant Application No. Advice of Withdrawal or Discontinuance
15013 8/06/05 5/10/05 QO05/214 7/10/05 Normanby Gold Pty Ltd Elsie Kyle, Patricia Brimble, Raymond Wake and Marie Coleman on behalf of the Gia People
QC99/24
17/02/06
14994 8/06/05 5/10/05 QO05/215 7/10/05 Normanby Gold Pty Ltd Elsie Kyle, Patricia Brimble, Raymond Wake and Marie Coleman on behalf of the Gia People
QC99/24
17/02/06
14994 8/06/05 10/10/05 QO05/219 17/10/05 Normanby Gold Pty Ltd

Alan Fisher, Frank Fisher, Colin McLennan, David Miller, Gracelyn Smallwood, Heather Tilberoo, Algon Walsh Jnr, Patrick Walsh on behalf of the Birri People

QC98/12

17/02/06
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