William Doyle & Ors (Kalkadoon People #4)/Queensland/China Yunnan Copper Australia Limited

[2010] NNTTA 103

NATIONAL NATIVE TITLE TRIBUNAL

William Doyle & Ors (Kalkadoon People #4)/Queensland/China Yunnan Copper Australia Limited, [2010] NNTTA 103 (21 July 2010)

Application No:        QO10/85

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

William Doyle, Noelene Dempsey, Ilona Parter, Sonny Condren, Hazel Munro, Sue Samardin Jr, Pat Kyle, Connnie Craigie, and Doug Bruce on behalf of the Kalkadoon People #4(native title party)

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The State of Queensland   (government party)

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China Yunnan Copper Australia Limited  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:               21 July 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 10 November 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 Exploration Permit for Mineral, EPM 17935 to China Yunnan Copper Australia Limited (“grantee party”) and included a statement that it considered that this proposed future act attracted the expedited procedure. Pursuant to s.29(4) 23 December 2009 was specified as the notification day.

2. On 6 April 2010, Queensland South Native Title Services, acting 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 s.32(3).

3. On 27 April 2010, 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 letter dated 15 July 2010, Ms Sara Newrick for the State of Queensland advised that the application for EPM 17935 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 EPM 17935 is dismissed pursuant to s.148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President