Johnny Frogg & Ors (Kalkadoon People #4)/Queensland/Round Mount Mining Pty Ltd

[2008] NNTTA 134

NATIONAL NATIVE TITLE TRIBUNAL

Johnny Frogg & Ors (Kalkadoon People #4)/Queensland/Round Mount Mining Pty Ltd, [2008] NNTTA 134 (3 October 2008)

Application No:        QO08/72

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

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)

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The State of Queensland   (government party)

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Round Mount Mining Pty Ltd  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:              3 October 2008

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

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

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

[1] On 6 February 2008, the State of Queensland (“government party”) gave notice under section 29 of the Native Title Act 1993 (Cth) (“the Act”) of the intention to grant Exploration Permit for Minerals (EPM) 16516 to Round Mount Mining Pty Ltd (“grantee party”), and included in the notice a statement that it was considered that the grant attracted the expedited procedure.

[2]       On 5 June 2008, the native title party (Kalkadoon People #4) lodged with the National Native Title Tribunal (“Tribunal”), an expedited procedure objection application pursuant to sub-section 32(3).

1. On 19 June 2008 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 22 September 2008, the government party advised the Tribunal that the application for EPM 16516 had been abandoned by the grantee party effective 20 September 2008. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to EPM 16516 is dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President