Mr Alan Douglas Hatfield & Others on behalf of the Darumbal People/Queensland /Wavenet International Limited

[2012] NNTTA 85

NATIONAL NATIVE TITLE TRIBUNAL

Mr Alan Douglas Hatfield & Others on behalf of the Darumbal People/Queensland /Wavenet International Limited, [2012] NNTTA 85 (24 July 2012)

Application No:   QO12/30

IN THE MATTER of the Native Title Act 1993 (Cth)

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IN THE MATTER of an inquiry into expedited procedure objection application

Mr Alan Douglas Hatfield & Others on behalf of the Darumbal People (QC97/21) (native title party)

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State of Queensland (government party)

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Wavenet International Limited (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:  Graeme Neate
Place:  Brisbane
Date of decision:             23 July 2012
Date of reasons:              24 July 2012

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) ss 29, 148(a)

Mineral Resources Act 1989 (Qld) s. 159

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Background

1. On 8 December 2011, the State of Queensland (“the government party”) gave notice under s. 29 of the Native Title Act 1993 (Cth) (“the Act”) of its intention to grant Exploration Permit for Coal EPC 2524 to Wavenet International Limited, and included in the notice a statement that it considered that the grant attracted the expedited procedure. Pursuant to s. 29(4) of the Act, 4 January 2012 was specified as the notification day.

2. The Darumbal People’s claim for a determination of native title was accepted for registration on 27 June 1997, and has been a registered native title claim from that date. The proposed permit is wholly contained within the area claimed by the Darumbal People. Accordingly, the registered native title claimant is a “native title party” within the meaning of s. 30(1) of the Act.

3. On 4 May 2012, the native title party lodged with the National Native Title Tribunal, an expedited procedure objection application pursuant to s. 32(3) and s. 75 of the Act in relation to EPC 2524.

4. On 23 July 2012, by way of correspondence of the same date, the State of Queensland (“the government party”) advised the Tribunal that the application for the proposed tenement had been abandoned by the grantee party.

5. So far as is relevant, s. 159 of the Mineral Resources Act 1989 (Qld) provides

   “(1) The applicant for an exploration permit may, at any time before the grant of the exploration permit, by notice in writing to the chief executive abandon the application in relation to all or part of the land to which it relates.

   (2) The abandonment of an application for the grant of an exploration permit shall take effect on the day next following its receipt by the chief executive.”

6. In accordance with s. 159(2) of the Mineral Resources Act 1989 (Qld), the abandonment of the proposed tenement took effect on 18 July 2012.

7. Section 148(a) of the Act provides

   “The Tribunal may dismiss an application, at any stage of an inquiry relating to the application, if

   (a)   the Tribunal is satisfied that it is not entitled to deal with the application;”

8. I am satisfied that the Tribunal is no longer entitled to deal with the expedited procedure objection application. As there is no longer a future act, the Tribunal no longer has jurisdiction to proceed to conduct an inquiry.

Decision

1. The expedited procedure objection application QO12/30 in relation to EPC 2524 is dismissed pursuant to s148(a) of the Native Title Act 1993 (Cth).

Graeme Neate
President