James Saltner & Ors (Djaku-nde & Jangerie Jangerie Peoples/Queensland/Aard Metals Limite; Cape Alumina Ltd

[2011] NNTTA 149

NATIONAL NATIVE TITLE TRIBUNAL

James Saltner & Ors (Djaku-nde & Jangerie Jangerie Peoples/Queensland/Aard Metals Limite; Cape Alumina Ltd, [2011] NNTTA 149 (1 August 2011)

Applications No:       QO11/51 & QO11/97

IN THE MATTER of the Native Title Act1993 (Cth)

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IN THE MATTER of inquiries into expedited procedure objection applications

James Saltner, Richard Pope, Victor West, Robert Bond, and Alice West on behalf of the Djaku-nde & Jangerie Jangerie Peoples

(native title party)

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The State of Queensland   (government party)

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Aard Metals Limited; Cape Alumina Ltd  (grantee parties)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:                    John Sosso
Place:                         Brisbane
Date:  1 August 2011

Catchwords:              Native title – future act – proposed grant 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).

Cases:  West v Queensland [2011] FCA 840

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

1. On 17 February 2011 and 13 May 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 18703 and EPM 18281) (“the proposed tenements”) to Aard Metals Limited and Cape Alumina Ltd (the “grantee parties”). The notices also listed 16 March and 8 June 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 14 April 2011 and 30 June 2011 respectively, Gadens Lawyers on behalf of the Djaku-nde & Jangerie Jangerie Peoples, (“the native title party”) lodged with the National Native Title Tribunal (“the Tribunal”), expedited procedure objection applications pursuant to s. 32(3).

1. On 15 April 2011 and 11 July 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.

2. On 27 July 2011, the native title determination application for the Djaku-nde & Jangerie Jangerie Peoples (QUD6009/00) was dismissed by Order of Justice Collier of the Federal Court of Australia, West v Queensland [2011] FCA 840. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection applications in relation to EPM18703 and EPM 18281 are dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso

Deputy President