Gaangalu Nation People v Canterbury Exploration Pty Limited

[2024] NNTTA 44

NATIONAL NATIVE TITLE TRIBUNAL

Gaangalu Nation People v Canterbury Exploration Pty Limited & Others [2024] NNTTA 44 (13 June 2024)

Application No: QO2024/0001

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

- and -

IN THE MATTER of an inquiry into expedited procedure objection application

Gaangalu Nation People (Gaangalu) (QC2012/009)

(native title party)

- and -

Canterbury Exploration Pty Ltd

(grantee party)

- and -

State of Queensland

(Government party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:	Mr Glen Kelly
Place:	Perth
Date:	13 June 2024

Catchwords:	Native title – future acts – proposed grant of exploration licence–– expedited procedure objection application – native title determination application dismissed – applicant ceases to be a native title party – expedited procedure objection application dismissed
Legislation:	Native Title Act 1993 (Cth) ss 29, 30, 32, 148
Representative of the native title party:	Margaret McLennan

Representative of the grantee party: Loren Egan, Australian Mining & Exploration Title Services Pty Ltd

Representative of the Government party: Leonie Crane, Department of Resources

REASONS

1. On 6 December 2023, the State of Queensland gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration permit EPM28588 to Canterbury Exploration Pty Limited. The notice for the proposed licence included a statement that the State considers the grant is an act attracting the expedited procedure (see s 32 Native Title Act).

2. The Tribunal received an objection to the application of the expedited procedure, lodged by the Applicant for the Gaangalu Nation People native title determination application (QC2012/009/QUD33/2019) (claim). At the time the objection was lodged, the Applicant was a registered native title claimant and native title party in relation to the area of the tenement and was entitled to lodge the objection: ss 29 and 32 Native Title Act 1993.

3. On 30 April 2024, the Federal Court made an order dismissing the portion of the claim which overlapped the area of the objection (QCD2024/001), following which the claim was removed from the Register of Native Title Claims. As a consequence, the Applicant has ceased to be a registered native title claimant and, in turn, ceased to be a native title party in relation to the area of each tenement: s 30(2) Native Title Act.

4. The Tribunal may dismiss an application at any stage of an inquiry if it is satisfied that it is not entitled to deal with the application (s 148(a) Native Title Act). On 4 June 2024, the Tribunal wrote to all parties advising that, as the Applicant has ceased to be a relevant native title party, the Tribunal is of the view that it is no longer entitled to deal with the objection and proposes to dismiss the objection under s 148(a). The Applicant was given until close of business on 11 June 2024 to show cause why the objection should not be dismissed.

5. No comments have been received and I am satisfied that the Applicant’s objection should be dismissed on the basis that the Applicant is no longer a native title party in relation to the area of the tenement.

DECISION

1. The expedited procedure objection application is dismissed pursuant to s 148(a) of the Native Title Act.

Mr Glen Kelly
Member
13 June 2024