Johnny Frogg & Ors (Kalkadoon People #4); Alan Fisher & Ors (Birri People); Alfred Nathan & Ors (Pitta Pitta People); Dorrie Prowse & Ors (Yulluna People)/Queensland/Mining Investments Five Pty Ltd; Liontown...

[2009] NNTTA 34

NATIONAL NATIVE TITLE TRIBUNAL

Johnny Frogg & Ors (Kalkadoon  People #4); Alan Fisher & Ors (Birri People); Alfred Nathan & Ors (Pitta Pitta People); Dorrie Prowse & Ors (Yulluna People)/Queensland/Mining Investments Five Pty Ltd; Liontown Resources Limited; Queensland Coal Seam Gas Pty Ltd; Regalpoint Exploration Pty Ltd,  [2009] NNTTA 34 (9 April 2009)

Applications No:        QO08/131, QO08/132, QO08/184 & QO09/18

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

IN THE MATTER of an inquiry into expedited procedure objection applications

Native Title parties as described in the attached schedule          (native title party)

- and –

The State of Queensland   (government party)

- and -

Grantee parties as described in the attached schedule                (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:        John Sosso
Place:              Brisbane
Date:               9 April 2009

Catchwords:   Native title – future act – proposed grant of exploration permits - expedited procedure objection applications – tenements abandoned – no jurisdiction to proceed – expedited procedure objection applications dismissed.

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

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

[1] On the dates specified in the attached schedule, the State of Queensland (“government party”) gave notice under section 29 of the Native Title Act 1993 (Cth) (“the Act”) of its intention to grant Exploration Permits for Mineral (EPM) to Mining Investments Five Pty Ltd, Liontown Resources Limited, Queensland Coal Seam Gas Pty Ltd and Regalpoint Exploration Pty Ltd (the “grantee parties”), and included in the notices a statement that it considered that the grants attracted the expedited procedure.

[2]       On the dates specified in the attached Schedule, the native title parties lodged with the National Native Title Tribunal (“the Tribunal”), expedited procedure objection applications pursuant to section 32(3).

1. On the dates specified in the attached Schedule, 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.

1. On the dates specified in the attached Schedule, the Tribunal was advised that the applications for the proposed tenements had either been abandoned or partially abandoned.  Accordingly there is no overlap with any native title determination application and the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection applications specified in the attached Schedule are dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President

SCHEDULE  –  DETERMINATION [2009] NNTTA 34  (9 April 2009)

Tenement EPM/EPC	Government Party Notification	Objection Application Lodged	Objection Application No.	Member Appointed	Grantee Party	Native Title Party & Application No.	Advice of Withdrawal or Discontinuance
16936	11/06/08	7/10/08	QO08/131	28/10/08	Mining Investments Five Pty Ltd	Johnny Frogg, William Doyle, Noeleen Dempsey, Illona Parter, Sonny Condren, Hazel Munro, Sue Samardin Jnr, Patricia Kyle, Connnie Craigie and Doug Bruce on behalf of the Kalkadoon People  #4 QC05/12	8/04/09
16838	11/06/08	7/10/08	QO08/132	28/10/08	Liontown Resources Limited	Alan Fisher, Frank Fisher, Colin McLennan, David Miller, Gracelyn Smallwood, Heather Tilberoo, Algon Walsh Jnr, and Patrick Walsh on behalf of the Birri People QC98/12	30/03/09
16944	20/08/08	16/12/08	QO08/184	8/01/09	Queensland Coal Seam Gas Pty Ltd	Alfred Nathan, Alice James, Neville Aplin, Henry Marion and Jean Jacks on behalf of the Pitta Pitta People QC99/27	8/04/09
16835	29/10/08	13/02/09	QO09/18	26/02/09	Regalpoint Exploration Pty Ltd	Dorrie Prowse, hazel Sullivan and Valerie Punch on behalf of the Yulluna People QC99/9	8/04/09