Tanya Kum Sing & Ors on behalf of the Mitakoodi People #5 v Kabiri Resources Pty Ltd & Another

[2019] NNTTA 101

NATIONAL NATIVE TITLE TRIBUNAL

Tanya Kum Sing & Ors on behalf of the Mitakoodi People #5 v Kabiri Resources Pty Ltd & Another [2019] NNTTA 101 (18 November 2019)

Application No: QO2019/0004; QO2019/0005

IN THE MATTER of the Native Title Act 1993 (Cth)

- and -

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

Tanya Kum Sing & Ors on behalf of the Mitakoodi People #5 (QC2015/009)

(native title party)

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Kabiri Resources Pty Ltd

(grantee party)

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State of Queensland

(Government party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:	Mr JR McNamara, Member
Place:	Brisbane
Date:	18 November 2019

Catchwords:	Native title – future acts – proposed grant of exploration permits – expedited procedure objection applications – native title claim removed from register – person ceases to be a native title party – objection applications dismissed
Legislation:	Native Title Act 1993 (Cth) ss 29, 29(2), 30(2), 32(3), 148(a), 190(3), 253
Representative of the native title party:	Mr Colin Hardie, JustUs Lawyers

Representative of the grantee party: Mr Ernst Kohler, Kabiri Resources Pty Ltd

Representative of the Government party: Ms Karen Dawson, Department of Natural Resources, Mines and Energy

REASONS FOR DETERMINATION

1. In accordance with s 29 of the Native Title Act 1993 (Cth) (the Act), the State of Queensland (State) gave notice of its intention to grant exploration permits EPM 26986 and EPM 26978 to Kabiri Resources Pty Ltd. The s 29 notices included a statement that the State considers the grant of the permits is an act attracting the expedited procedure under the Act. The notification date of the notices was 12 September 2018.

2. On 11 January 2019 Tanya Kum Sing and others on behalf of the Mitakoodi People #5 native title claim (QC2015/009) (the registered native title claimant) lodged expedited procedure objection applications, pursuant to s 32(3), with the National Native Title Tribunal (Tribunal) in regard to the notices. The objections were accepted on 18 January 2019.

Relevant facts

1. At the time the objections were lodged and accepted, the registered native title claimant was the ‘native title party’ pursuant to s 29(2)(b)(i). Native title party status, under that provision, is dependent upon the party’s status as registered native title claimant – which is defined in s 253 of the Act as:

   … a person or persons whose name or names appear in an entry on the Register of Native Title Claims as the applicant in relation to a claim to hold native title... 

2. On 19 September 2019, Justice Reeves of the Federal Court of Australia granted leave for the Mitakoodi People #5 claim to be amended. The amended Mitakoodi People #5 claim application was filed but was not accepted for registration. Pursuant to section 190(3)(b) of the Act, the Mitakoodi People #5 claim was removed from the Register of Native Title Claims on 8 November 2019.

3. Pursuant to s 30(2) of the Act, a person ceases to be a native title party if the person ceases to be a registered native title claimant. Further, section 148(a) of the Act empowers the Tribunal to dismiss an objection application if at any stage of an inquiry it is satisfied it is not entitled to deal with the application.

4. In relation to the objection applications which are the subject of this decision, Tanya Kum Sing and others on behalf of the Mitakoodi People #5 no longer has status as a native title party.

5. On 8 November 2019, the Tribunal wrote to the parties in each matter (including the representatives for Mitakoodi People #5), advising of the principles described above at [5], and inviting parties to provide any comments by close of business on 12 November 2019.  No comment was received.

6. In accordance with s 148(a) of the Act, I am satisfied the Tribunal is no longer entitled to deal with these expedited procedure objection applications lodged by Tanya Kum Sing and others on behalf of the Mitakoodi People #5 claim.

Decision

1. The objection applications QO2019/0004 in relation to EPM26986 and QO2019/0005 in relation to EPM 26978 are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Mr JR McNamara
Member
18 November 2019