Harriet Tanner & Ors (BBKY People #4)/Queensland/D’Aguilar Gold Ltd; Greystoke Mines Pty Ltd
[2009] NNTTA 5
•27 January 2009
NATIONAL NATIVE TITLE TRIBUNAL
Harriet Tanner & Ors (BBKY People #4)/Queensland/D’Aguilar Gold Ltd; Greystoke Mines Pty Ltd, [2009] NNTTA 5 (27 January 2009)
Applications No: QO08/93 & QO08/114
IN THE MATTER of the Native Title Act1993 (Cth)
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IN THE MATTER of inquiries into expedited procedure objection applications
Harriet Tanna, Gibson Gela, Alison Douglas, Celeste Walsh, Les Budby, Norman Brown, Lynette Brown, Albert Brown, Frank Budby, Nicole Muller and May James on behalf of the Barada barna Kabalbara and Yetimarla People #4 (native title party)
- and -
The State of Queensland (government party)
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D’Aguilar Gold Ltd
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Greystoke Mines Pty Ltd (grantee parties)
DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS
Tribunal: John Sosso
Place: Brisbane
Date: 27 January 2009
Catchwords: Native title – future act – proposed grant of exploration permits - expedited procedure objection applications – native title determination application dismissed – no jurisdiction to proceed - objection applications dismissed.
Legislation:Native Title Act 1993 (Cth) s 148(a)
REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS
[1] On the dates specified in the attached schedule, the Queensland Department of Natural Resources and Water (“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 (EPM) to D’Aguilar Gold Ltd and Greystoke Mines Pty Ltd (“grantee parties”), 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 party lodged with the National Native Title Tribunal (Tribunal), expedited procedure objection applications pursuant to section 32(3).
On the dates specified in the attached Schedule, I was appointed as the Member to constitute the Tribunal for the purpose of the expedited procedure objection inquiries.
On 12 January 2009 the Tribunal received advice that the Federal Court had dismissed the Barada Barna Kabalbara and Yetimarla People #4 native title determination application (QUD6023/01) on 23 December 2008. Accordingly the Tribunal no longer has jurisdiction to proceed.
Decision
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
Deputy President
SCHEDULE – DETERMINATION [2009] NNTTA 5 ( 27 January 2009)
| Tenement EPM | Government Party Notification | Objection Application Lodged | Objection Application No. | Member Appointed | Grantee Party | Native Title Party & Application No. | Advice of Withdrawal or Discontinuance |
| 16989 | 25/06/08 | 26/06/08 | QO08/93 | 4/07/08 | D’Aguilar Gold Ltd | Harriet Tanna, Gibson Gela, Alison Douglas, Celeste Walsh, Les Budby, Norman Brown, Lynette Brown, Albert Brown, Frank Budby, Nicole Muller and May James on behalf of the Barada barna Kabalbara and Yetimarla People #4 QC01/25 | 12 January 2009 |
| 16908 | 6/08/08 | 14/08/08 | QO08/114 | 18/08/08 | Greystoke Mines Pty Ltd | Harriet Tanna, Gibson Gela, Alison Douglas, Celeste Walsh, Les Budby, Norman Brown, Lynette Brown, Albert Brown, Frank Budby, Nicole Muller and May James on behalf of the Barada barna Kabalbara and Yetimarla People #4 QC01/25 | 12 January 2009 |
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