James Taylor & Ors (Kalkadoon)/Queensland/Matrix Metals Limited

[2004] NNTTA 65

NATIONAL NATIVE TITLE TRIBUNAL

James Taylor & Ors (Kalkadoon)/Queensland/Matrix Metals Limited, [2004] NNTTA 65 (16 July 2004)

Application No:          QO04/26

IN THE MATTER of the Native Title Act 1993 (Cth)

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IN THE MATTER of an inquiry into an expedited procedure objection application

James Taylor, Ethel Page, Thelma Sullivan, Richard Percy, Connie Craigie, Pat Kyle, Sonny Condren on behalf of the Kalkadoon People (native title party)

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The State of Queensland (Government party)

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Matrix Metals Limited (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:        Mr John Sosso
Place:              Brisbane
Date:              16 July 2004

Catchwords:   Native Title – future act – proposed grant of exploration permit – expedited procedure objection application – government party withdraws assertion of the expedited procedure – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(a)

Hearing Date:  16 July 2004

Representative of the          Mr Sean Sexton, Solicitor

native title party:                  

Representative of the         Miss Leanne O’Neill

Government party:               

Representative of the         Ms Hannah Chow, Hetherington Exploration & Mining

grantee party:  Title Services Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

[1] On 14 January 2004, the government party gave notice under section 29 of the Native Title Act 1993 (“the Act”) of its intention to grant Exploration Permit for Mineral (“EPM”) 14138 (“the proposed tenement”) to Matrix Metals Limited (“the grantee party”) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

[2] On 13 May 2004, James Taylor, Ethel Page, Thelma Sullivan, Richard Percy, Connie Craigie, Pat Kyle and Sonny Condren on behalf of the Kalkadoon People (“the native title party”) lodged with the Tribunal an expedited procedure objection, pursuant to section 32(3) of the Act.

[3] The Department of Natural Resources, Mines and Energy, on behalf of the government party, advised the Tribunal on 16 July 2004 that the grantee party and the native title party had signed an agreement pursuant to section 31 of the Act.

1. On 16 July 2004 the government party formally notified the Tribunal that as a result of the section 31 agreement it had, pursuant to section 32(7) of the Act, withdrawn its statement that the grant of the proposed tenement attracted the expedited procedure.

2. In these circumstances the proper course of action is for the expedited procedure objection application to be dismissed pursuant to section 148(a). This paragraph empowers the Tribunal to dismiss an application where it is satisfied “that it is not entitled to deal with the application.”  

Decision

1. There is no longer any proposal from the government party to apply the expedited procedure to EPM 14138 and accordingly the expedited procedure objection application is dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Member