Pearl Joyce Connelly (Mitakoodi & Mayi People & Mitakoodi & Mayi People #4); Johnny Frogg & Ors (Kalkadoon People #5) /Queensland/Deep Yellow Limited

[2009] NNTTA 55

NATIONAL NATIVE TITLE TRIBUNAL

Pearl Joyce Connelly (Mitakoodi & Mayi People & Mitakoodi & Mayi People  #4); Johnny Frogg & Ors (Kalkadoon People #5) /Queensland/Deep Yellow Limited ,  [2009] NNTTA 55 (5 June 2009)

Applications No:        QO09/13, QO09/14 & QO09/22

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

IN THE MATTER of an inquiry into expedited procedure objection applications

Pearl Joyce Connelly on behalf of the Mitakoodi & Mayi People

(native title party)

- and –

Pearl Joyce Connelly on behalf of the Mitakoodi & Mayi People #4

(native title party)

- and -

Johnny Frogg, William Doyle, Noeleen Dempsey, Ilona Parter, Sonny Condren, Hazel Munro, Sue Samardin Jnr, Patricia Kyle, Connie Craigie and Doug Bruce on behalf of the Kalkadoon People #5  (native title party)

- and -

The State of Queensland   (government party)

- and -

Deep Yellow Limited  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:               Brisbane
Date:                5 June 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 APPLICATIONS

[1] On the dates specified in the attached schedule, 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 Mineral (EPM) to Deep Yellow Limited (“grantee party”), and included in the notices a statement that it 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 section 32(3).

1. 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.

1. On the dates specified in the attached Schedule, the Tribunal was advised that the applications for EPM had either been abandoned or partially abandoned so that there is no overlap with any native title determination application. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection applications specified in the attached Schedule are dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President

SCHEDULE  –  DETERMINATION [2009] NNTTA  55 (5 June 2009)

Tenement EPM	Government Party Notification	Objection Application Lodged	Objection Application No.	Member Appointed	Grantee Party	Native Title Party & Application No.	Advice of Withdrawal or Discontinuance
17155	15/10/08	12/02/09	QO09/13	26/02/09	Deep Yellow Limited	Pearl Joyce Connelly on behalf of the Mitakoodi & Mayi People QC96/101	27/05/09
17155	15/10/08	12/02/09	QO09/14	26/02/09	Deep Yellow Limited	Pearl Joyce Connelly on behalf of the Mitakoodi & Mayi People #4 QC06/9	27/05/09
17155	15/10/08	19/02/09	QO09/22	26/02/09	Deep Yellow Limited	Johnny Frogg, William Doyle, Noeleen Dempsey, Ilona Parter, Sonny Condren, Hazel Munro, Sue Samardin Jnr, Patricia Kyle, Connie Craigie and Doug Bruce on behalf  of the Kalkadoon People #5 QC06/2	27/05/09