Ruby Saltmere (Indjilandji/Dithannoi People)/Queensland/Summit Resources (Australia) Pty Ltd; Louis Boyd Toby and Ors (Gangulu People)/Queensland/Perilya Limited

[2006] NNTTA 145

NATIONAL NATIVE TITLE TRIBUNAL

Ruby Saltmere (Indjilandji/Dithannoi People)/Queensland/Summit Resources (Australia) Pty Ltd;  Louis Boyd Toby and Ors (Gangulu People)/Queensland/Perilya Limited; [2006] NNTTA 145 (30 October 2006)

Application Nos:    QO06/36  and  QO06/57

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

IN THE MATTER of inquiries into expedited procedure objection applications

Applications are listed in the attached schedule.

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:        John Sosso
Place:              Brisbane
Date:               30 October 2006

Catchwords:   Native title – future acts – proposed grant of exploration licences - expedited procedure applications – applications for exploration licences withdrawn – partial abandonment of tenement - objection applications dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

[1] On the dates specified in the attached Schedule, the State of Queensland (government party), gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant Exploration Permits (the proposed tenements) to the grantee parties as listed, 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 government party was advised that the applications for the proposed tenements were either totally abandoned (QO06/57) or partially abandoned (QO06/36), and consequently the Tribunal no longer has jurisdiction to proceed. In the instance of expedited procedure objection application QO06/36 the partial abandonment by the grantee party resulted in the proposed tenement no longer overlapping the land and waters comprising the native title determination application of the Indjilandji/Dithannoi People.

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
Member

SCHEDULE  –  DETERMINATION  [2006] NNTTA 145 (30 October 2006)

Tenement EPM	Government Party Notification	Objection Application Lodged	Objection Application No.	Member Appointed	Grantee Party	Native Title Party & Claimant Application No.	Advice of Withdrawal or Discontinuance
15212	08/03/06	22/03/06	QO06/36	18/04/06	Summit Resources (Australia) Pty Ltd	Ruby Saltmere on behalf of the Indjilandji/Dithannoi People QC02/36	3/10/06
13491	08/02/06	08/06/06	QO06/57	13/06/06	Perilya Limited	Louis Boyd Toby, Colin Gordon Hutchinson, Robert Kerry Toby Jnr, Edna Joan Fraser, Karen Lorraine Austin, Lynette Gail Blucher, Valerie Grace Hayes and Viola Tuahine on behalf of the Gangulu People QC97/36	12/10/06