Max Sullivan & Ors (Budjiti People)/Queensland/Dragoljub Panich & Brian Roy Senior

[2009] NNTTA 18

NATIONAL NATIVE TITLE TRIBUNAL

Max Sullivan & Ors (Budjiti People)/Queensland/Dragoljub Panich & Brian Roy Senior, [2009] NNTTA 18  (27 February 2009)

Application No:        QO08/181, QO08/182, QO08/183

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

Max Sullivan, James Shillingsworth, Jason Thomas, Peter Seckold, Margaret Seckold and Michael McNiven on behalf of the Budjiti People  (native title party)

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The State of Queensland   (government party)

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Dragoljub Panich & Brian Roy Senior  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:               27 February 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 APPLICATION

[1] On 20 August 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 Permits for Mineral (EPM) 16641, 16642 and 16643 to Dragoljub Panich and Brian Roy Senior (“grantee party”), and included in the notice a statement that it was considered that the grants attracted the expedited procedure.

[2]       On 16 December 2008, Max Sullivan and others on behalf of the Budjiti People (“native title party”) lodged with the National Native Title Tribunal (“Tribunal”), expedited procedure objection applications pursuant to section 32(3).

1. On 8 January 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 inquiries.

1. By letter dated 24 February 2009, the government party advised the Tribunal that the applications for EPM 16641, 16642 and 16643 had been abandoned by the grantee party effective 20 February 2009. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection applications in relation to EPM 16641, 16642 and 16643 are dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President