Jessie Diver and Others on behalf of the Wangan and Jagalingou People/State of Queensland/Gold Fields Australasia Pty Ltd

[2013] NNTTA 154

NATIONAL NATIVE TITLE TRIBUNAL

Jessie Diver and Others on behalf of the Wangan and Jagalingou People/State of Queensland/Gold Fields Australasia Pty Ltd, [2013] NNTTA 154 (6 November 2013)

Application Nos:        QO2012/0058, QO2012/0059 and QO2012/0060

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

Jessie Diver and Others on behalf of the Wangan and Jagalingou People (QC2004/006) (native title party)

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The State of Queensland (Government party)

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Gold Fields Australasia Pty Ltd (grantee party)

EXPEDITED PROCEDURE OBJECTION APPLICATIONS DISMISSED

Tribunal:         Helen Shurven, Member

Place:  Perth
Date of dismissal:                 6 November 2013

Catchwords: Native title – future act – proposed grant of exploration permits – expedited procedure objection applications – tenements abandoned – tenement applications withdrawn – expedited procedure objection applications dismissed.

Legislation:                    Acts Interpretation Act 1901 (Cth) s 36

Native Title Act 1993 (Cth) ss 29 and 148

Representative of the   Ms Nadia Rosenman, Chalk & Fitzgerald

native title party:          

Representative of the   Mr Chris Rawlings, Department of Natural Resources and Mines

Government party:       

Representatives of the  Ms Laura Noonan-Crowe, Gold Fields Australasia Pty Ltd

grantee party:

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

1. 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 EPM19294, EPM19295 and EPM19296 (‘the proposed licences’) to Gold Fields Australasia Pty Ltd (‘the grantee party’) and included statements that it considered that the proposed future acts attracted the expedited procedure. Pursuant to s 29(4) of the Act, 4 July 2012 was specified as the notification day for the proposed licences.

2. On 5 November 2012 (which was the four month closing day, as 4 November 2012 fell on a Sunday: s 36(2) Acts Interpretation Act 1901 (Cth)), Jessie Diver and others on behalf of the Wangan and Jagalingou People (‘the native title party’) lodged expedited procedure objection applications with the Tribunal in relation to the proposed licences (QO2012/0058, QO2012/0059 and QO2012/0060 respectively) (‘the objections’). All of the proposed licences entirely overlapped the native title party’s claim area (QC2004/006 – registered from 5 July 2004).

3. Former President Neate was appointed as the Member for the purpose of the inquiry for the objections on 13 November 2012. I was appointed as the Member for the purpose of the inquiry for the objections by President Neate on 28 March 2013.

4. The objections were the subject of numerous status conferences before the Tribunal between December 2012 and September 2013. At the status conferences between December 2012 and May 2013, parties reported that they were actively negotiating and moving closer to reaching an agreement that would enable the objections to be withdrawn. All parties supported adjournments being granted during this time to enable negotiations to continue and the objections to be resolved by agreement. At the status conference held on 11 June 2013, the native title party representative reported that there had recently been a change in the named persons comprising the native title party Applicant following a claim group meeting. This change in the Applicant caused further delays in the resolution of the objections because the Applicant authorised by the native title party claim group was not the Applicant as approved by the Federal Court and on the Register of Native Title Claims so that it was unclear who was able to sign off on an agreement. All parties continued to agree to adjournments. I agreed to adjourn the objections, rather than setting Directions for an inquiry, although the option of setting Directions was discussed with the parties on several occasions, because the parties had been actively working towards reaching agreement, and the issue causing delay was beyond any party’s control. At the status conference held on 2 September 2013 I adjourned the objections for a period of two months to allow time for the matters to be finalised.

5. On 30 October 2013 the Department of Natural Resources and Mines (DNRM) notified the Tribunal that the grantee party had abandoned the proposed licences (i.e. the grantee party had written to the Department, withdrawing their tenement applications in relation to the proposed licences) effective from 23 October 2013. An Exploration Permit Public Enquiry Report for each of the proposed licences was provided by the DNRM, confirming that they had been abandoned at the grantee party’s request.

6. As there are no longer future acts related to these proposed licences, I am of the view that the Tribunal can no longer deal with the objections, as per s 148(a) of the Act.

Determination

1. The determination of the Tribunal is that the objections in respect of EPM19294, EPM19295 and EPM19296 be dismissed.  

Helen Shurven
Member
6 November 2013