Sonny Condren & Ors (Kalkadoon People #4)/Queensland/Ochre Resources Ltd

[2007] NNTTA 72

NATIONAL NATIVE TITLE TRIBUNAL

Sonny Condren & Ors (Kalkadoon People #4)/Queensland/Ochre Resources Ltd [2007] NNTTA 72 (28 August 2007)

Application No:        QO07/79

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

Sonny Condren, William Doyle, Noelene Dempsey, Ilona Parter, Hazel Munro, Sue Samardin Jr, Pat Kyle, Connie Craigie, Doug Bruce and Johnny Frogg (Kalkadoon People#4)  (native title party)

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The State of Queensland   (government party)

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Ochre Resources Ltd  (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:               28 August 2007

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

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

[1]       On 21 February 2007, the Queensland Department of Natural Resources and Water (government party) gave notice under section 29 of the Native Title Act 1993 (Cwlth) (the Act) of its intention to grant Exploration Permit for Mineral (EPM) 15719 to Ochre Resources Ltd (grantee party), and included in the notice a statement that it considered that the grant attracted the expedited procedure.

[2]       On 20 June 2007, Sonny Condren and others on behalf of the Kalkadoon People #4 (native title party) lodged with the National Native Title Tribunal (Tribunal), an expedited procedure objection application pursuant to section 32(3).

1. On 27 June 2007, 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.

1. On 17 July 2007, the Tribunal was advised that the application for EPM 15719 had been partially abandoned to the extent that there was no overlap with any Native Title Claimant application. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The objection application in relation to EPM 15719 is dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cwlth).

John Sosso
Deputy President