Harry McCabe and Joslin Eatts (Maiawali & Karuwali People #2)/Queensland/Cloncurry Metals Limited, BHP Billiton Minerals Pty Ltd

[2010] NNTTA 27

NATIONAL NATIVE TITLE TRIBUNAL

Harry McCabe and Joslin Eatts (Maiawali & Karuwali People #2)/Queensland/Cloncurry Metals Limited, BHP Billiton Minerals Pty Ltd, [2010] NNTTA 27 (4 March 2010)

Applications No:       QO09/220, QO09/221, QO09/222, QO09/223, QO09/224

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

IN THE MATTER of inquiries into expedited procedure objection applications

Harry McCabe and Joslin Eatts on behalf of the Maiawali & Kurawali People #2

(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:  4 March 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 3 July 2009, 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 listed 19 August 2009 as 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 21 December 2009, Harry McCabe and Joslin Eatts on behalf of the Maiawali & Kurawali People #2 , (“the native title party”) lodged with the National Native Title Tribunal (“the Tribunal”), expedited procedure objection applications pursuant to s.32(3).

[3]     On 23 December 2009, 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 Maiwali & Karuwali People #2 (QUD6010/99) “stand dismissed on and from 26 February 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 27 (4 March 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
17141	3/07/09	19/08/09	21/12/09	QO09/220	23/12/09	Cloncurry Metals Limited	Harry McCabe and Joslin Eatts on behalf of the Maiawali & Kurawali People #2 QC99/11	26/02/10
17142	3/07/09	19/08/09	21/12/09	QO09/221	23/12/09	Cloncurry Metals Limited	Harry McCabe and Joslin Eatts on behalf of the Maiawali & Kurawali People #2 QC99/11	26/02/10
17256	3/07/09	19/08/09	21/12/09	QO009/222	23/12/09	BHP Billiton Minerals Pty Ltd	Harry McCabe and Joslin Eatts on behalf of the Maiawali & Kurawali People #2 QC99/11	26/02/10
17257	3/07/09	19/08/09	21/12/09	QO009/223	23/12/09	BHP Billiton Minerals Pty Ltd	Harry McCabe and Joslin Eatts on behalf of the Maiawali & Kurawali People #2 QC99/11	26/02/10
17258	3/07/09	19/08/09	21/12/09	QO009/224	23/12/09	BHP Billiton Minerals Pty Ltd	Harry McCabe and Joslin Eatts on behalf of the Maiawali & Kurawali People #2 QC99/11	26/02/10