Paola Smith & Ors (Kullilli People), Noelene Margaret Edwards & Ors (Wongkumara People)/Queensland/Winzil Energy Pty Ltd

[2010] NNTTA 171

NATIONAL NATIVE TITLE TRIBUNAL

Paola Smith & Ors (Kullilli People), Noelene Margaret Edwards & Ors (Wongkumara People)/Queensland/Winzil Energy Pty Ltd, [2010] NNTTA  171 (19 October 2010)

Applications No:       QO10/119, QO10/133, QO10/134, QO10/135, QO10/136

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

Native title parties as listed on the attached schedule        (native title party)

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The State of Queensland   (government party)

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Winzil Energy Pty Ltd  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:                   John Sosso
Place:                         Brisbane
Date:  19 October 2010

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

Legislation:Native Title Act1993 (Cth) ss. 29, 32, 148(a).

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

[1] On 24 February 2010, 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 Coal to Winzil Energy Pty Ltd. The notices also listed 17 March 2010 as the notification day for the purpose of s.29(4)(a), and included a statement that it was 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 s.32(3).

[3]     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.

[4]     On 16 October 2010, the government party advised that the applications for Exploration Permit for Coal had been abandoned by the grantee party. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

[5] The expedited procedure objection applications as listed in the attached schedule are dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President

SCHEDULE  –  DETERMINATION [2010] NNTTA 171 (19 October 2010)

Tenement EPC	Government Party Notification	Notification Day s 29(4)(a)	Objection Application Lodged	Objection Application No.	Member Appointed	Grantee Party	Native Title Party & Application No.	Date of Dismissal
1819	24/02/10	17/03/10	30/06/10	QO10/119	1/07/10	Winzil Energy Pty Ltd	Paola Smith, Maxine Gooda, Peter White, Ronny (Ronald) Watson, Eric Hood on behalf of the Kullilli People QC09/1	19/10/10
1811	24/02/10	17/03/10	15/07/10	QO10/133	26/07/10	Winzil Energy Pty Ltd	Noelene Margaret Edwards, Clancy McKellar, Iona Dawn Smith, Ernest (Hope) Ebsworth, Rosemary (Rose) Anne Wilson, Margaret Anne Collins, Sharleen Louise Knight, Archie Ebsworth on behalf of the Wongkumara People QC08/3	19/10/10
1812	24/02/10	17/03/10	15/07/10	QO10/134	26/07/10	Winzil Energy Pty Ltd	Noelene Margaret Edwards, Clancy McKellar, Iona Dawn Smith, Ernest (Hope) Ebsworth, Rosemary (Rose) Anne Wilson, Margaret Anne Collins, Sharleen Louise Knight, Archie Ebsworth on behalf of the Wongkumara People QC08/3	19/10/10
1813	24/02/10	17/03/10	15/07/10	QO10/135	26/07/10	Winzil Energy Pty Ltd	Noelene Margaret Edwards, Clancy McKellar, Iona Dawn Smith, Ernest (Hope) Ebsworth, Rosemary (Rose) Anne Wilson, Margaret Anne Collins, Sharleen Louise Knight, Archie Ebsworth on behalf of the Wongkumara People QC08/3	19/10/10
1819	24/02/10	17/03/10	15/07/10	QO10/136	26/07/10	Winzil Energy Pty Ltd	Noelene Margaret Edwards, Clancy McKellar, Iona Dawn Smith, Ernest (Hope) Ebsworth, Rosemary (Rose) Anne Wilson, Margaret Anne Collins, Sharleen Louise Knight, Archie Ebsworth on behalf of the Wongkumara People QC08/3	19/10/10