Ruby Saltmere (Indjilandji/Dithannoi People)/Queensland/Red Metal Limited

[2009] NNTTA 141

NATIONAL NATIVE TITLE TRIBUNAL

Ruby Saltmere (Indjilandji/Dithannoi People)/Queensland/Red Metal Limited, [2009] NNTTA 141 (2 November 2009)

Application No:        QO09/85

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

Ruby Saltmere on behalf of the Indjilandji/Dithannoi People

(native title party)

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The State of Queensland   (government party)

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Red Metal Limited  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:                   John Sosso
Place:                         Brisbane
Date:  2 November 2009

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

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

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

1. On 24 March 2009, 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 Permit for Mineral (EPM 17553)to Red Metal Limited (“the grantee party”), and specified 13 May 2009 as the notification day for the purpose of s 29(4)(a). The notice also included a statement that it was considered that the grant attracted the expedited procedure.

2. On 6 May 2009, Ruby Saltmere on behalf of the Indjilandji/Dithannoi People, (“the native title party”) lodged with the National Native Title Tribunal (“the Tribunal”), an expedited procedure objection application pursuant to s. 32(3).

1. On 17 June 2009, 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 inquiry.

2. On 30 September 2009, the Indjilandji/Dithannoi People’s native title determination application QUD6034/02 was dismissed by Order of His Honour Justice Dowsett of the Federal Court of Australia made on 9 June 2009. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to EPM 17553 is dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President