Henry Page & Ors (Bularnu Waluwarra & Wangkayujuru People #1)/Queensland/Red Metal Limited

[2012] NNTTA 13

NATIONAL NATIVE TITLE TRIBUNAL

Henry Page & Ors (Bularnu Waluwarra & Wangkayujuru People #1)/Queensland/Red Metal Limited, [2012] NNTTA 13 (13 February 2012)

Application No:        QO12/3

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

Henry Page, Roxann Parker, David Riley, Mavis Samardin, Eileen Age and Elizabeth Dempsey on behalf of the Bularnu Waluwarra & Wangkayujuru People #1

(native title party)

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The State of Queensland   (government party)

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Red Metal Limited  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:               13 February 2012

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

Legislation:Native Title Act 1993 (Cth) ss 29, 32, 76, 77, 148(a)

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

1. On 22 August 2011, the State of Queensland (“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, EPM 18951 (“the proposed tenement”) to Red Metal Limited (“grantee party”) and included a statement that it considered that this proposed future act attracted the expedited procedure. Pursuant to s. 29(4) 14 September 2011 was specified as the notification day.

2. On 11 January 2012, Queensland South Native Title Services lodged with the National Native Title Tribunal (“Tribunal”), an expedited procedure objection application pursuant to s. 32(3) on behalf of the Bularnu Waluwarra & Wangkayujuru People #1 (“native title party”).

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

[4] On 16 January 2012, having considered the expedited procedure objection application against each of the conditions contained in s. 76 and Regulation 4 of the Native Title (Tribunal) Regulations 1993, I accepted it pursuant to s. 77.

1. On 10 February 2012 the government party advised the Tribunal that the number of sub-blocks relating to Exploration Permit Mineral EPM 18951 had been reduced as a result of partial abandonments by the grantee party, effective 16 November 2011, 25 January 2012 and 7 February 2012. 

2. As a result of the partial abandonments there is no longer an overlap between the area of the native title determination application lodged on behalf of the Bularnu Waluwarra & Wangkayujuru People #1 and the proposed tenement.  Accordingly, the Tribunal has no jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to EPM 18951 is dismissed pursuant to s. 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President