Jessie Diver and Others on behalf of the Wangan and Jagalingou People/State of Queensland/Zeolite Australia Pty Ltd

[2013] NNTTA 167

NATIONAL NATIVE TITLE TRIBUNAL

Jessie Diver and Others on behalf of the Wangan and Jagalingou People/State of Queensland/Zeolite Australia Pty Ltd, [2013] NNTTA 167 (4 December 2013)

Application No:        QO2013/0014

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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Zeolite Australia Pty Ltd (grantee party)

EXPEDITED PROCEDURE OBJECTION APPLICATION DISMISSED

Tribunal:         Helen Shurven, Member

Place:  Perth
Date of dismissal:                 4 December 2013

Catchwords: Native title – future act – proposed grant of exploration permit – expedited procedure objection application – tenement abandoned – tenement application withdrawn – expedited procedure objection application dismissed.

Legislation:                    Native Title Act 1993 (Cth) ss 29, 32, 66B, 76, 77, 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  Mr Brian Martin, Hetherington Exploration and Mining Title  

grantee party:               Services Pty Ltd

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

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 exploration permit for minerals ('EPM') 19269 (‘the proposed licence’) to Zeolite Australia Pty Ltd (‘the grantee party’) and included a statement that it considered that the proposed future act attracted the expedited procedure. Pursuant to s 29(4) of the Act, 7 November 2012 was specified as the notification day for the proposed licence.

2. On 7 March 2013, Jessie Diver and others on behalf of the Wangan and Jagalingou People (‘the native title party’) lodged an application with the Tribunal in relation to the proposed licence, objecting to the inclusion of the statement on the notice that the expedited procedure applies to the grant of the proposed licence (see s 32(1)). The objection was received within four months of the notification day, as required by s 32(3) of the Act. The proposed licence entirely overlapped the native title party’s claim area (QC2004/006 – registered from 5 July 2004).

3. On 11 April 2013, President Webb appointed me to conduct the inquiry. On 15 April 2013, I accepted the objection as it met the requirements of s 76 and 77 of the Act.

4. The objection was the subject of monthly status conferences before the Tribunal between May 2013 and November 2013. At the status conference held on 6 May 2013, the party representatives reported that they were actively negotiating and anticipating agreement in the near future, which would allow the objection to be withdrawn. 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. Over the following four status conferences, parties reported the objection could not yet be resolved as the change in Applicant was subject to proceedings in the Federal Court of Australia, pursuant to s 66B of the Act. While the legal proceedings remained on foot, parties could not sign off on any agreement as the Applicant as approved by the claim group was different to the Applicant on the Federal Court of Australia records and the Tribunal’s Register of Native Title Claims. As negotiations were advanced and any agreement could not be executed due to external proceedings beyond any party’s control, I agreed to adjourn the objection at each status conference.

5. On 15 November 2013, a representative from the Department of Natural Resources and Mines (‘DNRM’) notified the Tribunal that the grantee party had abandoned the tenement application for the proposed licence, effective from 15 November 2013. An Exploration Permit Public Enquiry Report for the proposed licences was provided by DNRM which confirmed the abandonment.

6. As the proposed licence has been abandoned and no future act exists, I am of the view that the Tribunal can no longer deal with the objection, as per s 148(a) of the Act.

Determination

1. The determination of the Tribunal is that the objection lodged by the native title party in respect of EPM19269 be dismissed. 

Helen Shurven
Member
4 December 2013