James Watts Taylor & Ors (Kalkadoon People)/Queensland/Volga Elderberry Pty Ltd
[2006] NNTTA 28
•24 March 2006
NATIONAL NATIVE TITLE TRIBUNAL
James Watts Taylor & Ors (Kalkadoon People)/Queensland/Volga Elderberry Pty Ltd,
[2006] NNTTA 28 (24 March 2006)
Application No: QO06/7
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
James Watts Taylor & Ors on behalf of the Kalkadoon People
(native title party)
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The State of Queensland (government party)
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Volga Elderberry Pty Ltd (grantee party)
DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION
Tribunal: John Sosso
Place: Brisbane
Date: 24 March 2006
Catchwords: Native title – future act – proposed grant of exploration licence - expedited procedure application – application for exploration licence withdrawn - objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s 148(a)
REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION
[1] On 9 September 2005, the government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant Exploration Permit (EPM) 15115 to Volga Elderberry Pty Ltd, and included in the notice a statement that it considered that the grant attracted the expedited procedure.
[2] On 30 January 2006, the native title party lodged with the National Native Title Tribunal (Tribunal), an expedited procedure objection application pursuant to section 32(3).
On 3 February 2006, 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 inquiry.
On 23 March 2006, the Tribunal was advised that the application for EPM 15115 had been withdrawn and the Tribunal no longer had jurisdiction to proceed.
Decision
The objection application is dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).
John Sosso
Member
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