Russell Tatow & Ors (Iman People #2)/Queensland/Taroom Coal Pty Ltd

[2010] NNTTA 5

NATIONAL NATIVE TITLE TRIBUNAL

Russell Tatow & Ors (Iman People #2)/Queensland/Taroom Coal Pty Ltd, [2010] NNTTA 5 (15 January 2010)

Application No:        QO09/143

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

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

(native title party)

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The State of Queensland   (government party)

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Taroom Coal Pty Ltd  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:               15 January 2010

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

Legislation:Native Title Act 1993 (Cth) ss 29, 32, 148(a)

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

1. On 22 April 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 Mineral Development Licence (MDL) 373 to Taroom Coal Pty Ltd (“grantee party”) and included a statement that it considered that this proposed future act attracted the expedited procedure. Pursuant to s.29(4) 10 June 2009 was specified as the notification day.

2. On 7 October 2009, Michael John Owens, the solicitor for the Iman People #2 (“native title party”) lodged with the National Native Title Tribunal (“Tribunal”), an expedited procedure objection application pursuant to s.32(3) on behalf of the applicant.

3. On 12 October 2009 Deputy President Sumner, as delegate to the President, appointed me as the Member to constitute the Tribunal for the purpose of the expedited procedure objection inquiry.

4. By email dated 17 December 2009, Ms Jacinta Dwyer for the State of Queensland advised that the application for MDL 393 had been abandoned by the grantee party. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to MDL 393 is dismissed pursuant to s.148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President