Johnny Frogg & Ors (Kalkadoon People #4)/Queensland/Owen Reginald Wellington & Tony Russell Hutton

[2009] NNTTA 86

NATIONAL NATIVE TITLE TRIBUNAL

Johnny Frogg & Ors (Kalkadoon People #4)/Queensland/Owen Reginald Wellington & Tony Russell Hutton, [2009] NNTTA 86 (10 August 2009)

Application No:        QO09/94

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

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

Johnny Frogg, William Doyle, Noelene Dempsey, Ilona Parter, Sonny Condren, Hazel Munro, Sue Samardin Jr, Pat Kyle, Connie Craigie and Doug Bruce on behalf of the Kalkadoon People #4       

(native title party)

- and -

The State of Queensland   (government party)

- and -

Owen Reginald Wilson and Tony Russell Hutton            (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:               10 August 2009

Catchwords:   Native title – future act – proposed grant of exploration permit - expedited procedure objection application – tenement abandoned – no jurisdiction to proceed – expedited procedure objection application dismissed.

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

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

[1] On 21 December 2008, 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 Permit for Mineral (EPM) 16990 to Owen Reginald Wellington and Tony Russell Hutton (“grantee party”). The notice specified 4 February 2009 as the notification day for the purpose of s 29(4)(a) and included in the notice a statement that it was considered that the grant attracted the expedited procedure.

[2]       On 28 May 2009, Michael John Owens, the solicitor for the Kalkadoon People #4 (“native title party”) lodged with the National Native Title Tribunal (“Tribunal”), an expedited procedure objection application pursuant to section 32(3) on behalf of the applicant.

1. On 17 June 2009 Deputy President Sumner, as delegate to the President, appointed me as the Member to constitute the Tribunal for the purpose of the expedited procedure objection inquiry.

1. By letter dated 4 August 2009, the State of Queensland advised that the application for EPM 16990 had been abandoned by the grantee. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to EPM 16990 is dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President