Russell Tatow and Ors (Iman People #2)/Queensland/Mining Investments One Pty Ltd, Aard Metals Limited

[2011] NNTTA 211

NATIONAL NATIVE TITLE TRIBUNAL

Russell Tatow & Ors (Iman People #2)/Queensland/Mining Investments One Pty Ltd, Aard Metals Limited, [2011] NNTTA 211 (16  December 2011)

Applications No:       QO10/198, QO11/94

IN THE MATTER of the Native Title Act1993 (Cth)

- and -

IN THE MATTER of an inquiry into an expedited procedure objection application

Russell Tatow, Patrick Silvester, Cynthia Kemp, Eve Fesl, Troy Noble, Fred Tull, Fergus Waterton, Richard Doyle and Madonna Barnes on behalf of the Iman People #2       
  (native title party)

- and -

The State of Queensland   (government party)

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Grantee Parties as listed in the attached schedule             (grantee parties)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:                    John Sosso
Place:                         Brisbane
Date:  16 December 2011

Catchwords:              Native title – future acts – proposed grant of exploration permits - expedited procedure objection applications – government party withdraws assertion of expedited procedure – 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 the dates listed in the attached schedule, the State of Queensland (“government party”) gave notice under s. 29 of the Native Title Act 1993 (Cth) (“the Act”) of its intention to grant an Exploration Permit for Coal and an Exploration Permit for Mineral respectively to the grantee parties listed in the attached schedule. The government party notices also listed the respective notification days 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 party 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]     By letter dated 15 December 2011, the government party advised that it had withdrawn the assertion of the expedited procedure in relation to each of the proposed tenements outlined in the attached schedule. 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 [2011] NNTTA  211 (16 December 2011)

Tenement	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
EPC 1987	6/07/10	18/08/10	1/12/10	QO10/198	33/12/10	Mining Investments One Pty Ltd	Russell Tatow, Patrick Silvester, Cynthia Kemp, Eve Fesl, Troy Noble, Fred Tull, Fergus Waterton, Richard Doyle and Madonna Barnes on behalf of the Iman People #2 QC97/55	16/12/11
EPM 18703	17/02/11	16/03/11	21/06/11	QO11/94	27/06/11	Aard Metals Limited	Russell Tatow, Patrick Silvester, Cynthia Kemp, Eve Fesl, Troy Noble, Fred Tull, Fergus Waterton, Richard Doyle and Madonna Barnes on behalf of the Iman People #2 QC97/55	16/12/11