James Hill & Ors (Ngawun Mbara People Core Country Claim)/Queensland/Ian Gregory Parnwell; Energy Minerals Pty ltd

[2012] NNTTA 2

NATIONAL NATIVE TITLE TRIBUNAL

James Hill & Ors (Ngawun Mbara People Core Country Claim)/Queensland/Ian Gregory Parnwell; Energy Minerals Pty ltd, [2012] NNTTA 2 (16 January 2012)

Applications No:       QO11/150 & QO11/159

IN THE MATTER of the Native Title Act1993 (Cth)

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IN THE MATTER of inquiries into expedited procedure objection applications

James Hill, Karen Dunn and Donald Solomon on behalf of the Ngawun Mbara People Core Country Claim

(native title party)

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The State of Queensland   (government party)

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Ian Gregory Parnwell; Energy Minerals Pty Ltd             (grantee parties)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:                   John Sosso
Place:                         Brisbane
Date:  16 January 2012

Catchwords:             Native title – future act – proposed grant of exploration permits - expedited procedure objection applications – native title determination application discontinued – no jurisdiction to proceed – expedited procedure objection application lodged after native title determination application withdrawn - expedited procedure objection applications dismissed.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 2 June 2011 and 22 July 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 Permits for Mineral (EPM 17431 and EPM 18866) (“the proposed tenements”) to Ian Gregory Parnwell and Energy Minerals Pty Ltd (the “grantee parties”). The notices also listed 6 July and 18 August 2011 as the notification dates 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 7 November 2011 and 14 December 2011 respectively, Dillon Lawyers on behalf of the Ngawun Mbara People Core Country Claim, (“the native title party”) lodged with the National Native Title Tribunal (“the Tribunal”), expedited procedure objection applications pursuant to s. 32(3).

3. On 15 November 2011 and 15 December 2011 respectively, 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 25 November 2011 Logan J granted leave for the discontinuance of the Ngawun Mbara People Core Country Claim (QUD448/2006). On 8 December 20011 the Ngawun Mbara People Core Country Claim was formally discontinued.  Accordingly the Tribunal no longer has jurisdiction to proceed with the expedited procedure objection application in relation to EPM 17431.

5. It will be noted that when the expedited procedure objection application in relation to EPM 18866 was received, the Ngawun Mbara People Core Country Claim had already been discontinued.  Consequently there was no legal basis for the lodging of the application.  My appointment as the Member to conduct the expedited procedure objection inquiry and the acceptance of the expedited procedure objection application therefore proceeded on an incorrect basis.  In short there is no properly founded expedited procedure objection application in relation to this matter.  I do not have the legal basis to dismiss the matter because there is not an expedited procedure objection application. Therefore I proceed on the basis that the purported expedited procedure objection application in relation to EPM 18866 is a nullity and of no effect.

Decision

1. The expedited procedure objection application in relation to EPM17431 is dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso

Deputy President