William Doyle & Ors (Kalkadoon People #4)/Queensland/Dockerell Mining Pty Ltd & Syndicated Metals Limited

[2012] NNTTA 15

NATIONAL NATIVE TITLE TRIBUNAL

William Doyle & Ors (Kalkadoon People #4)/Queensland/Dockerell Mining Pty Ltd &  Syndicated Metals Limited, [2012] NNTTA 15  (16  February 2012)

Applications No:       QO11/25

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, Connie 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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Mt Dockerell Mining Pty Ltd and Syndicated
Metals Limited  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:                   John Sosso
Place:                         Brisbane
Date:  16 February 2012

Catchwords:             Native title – future act – proposed grant of exploration permit - expedited procedure objection application – government party withdraws assertion of expedited procedure – no jurisdiction to proceed – expedited procedure objection application dismissed.

Legislation:Native Title Act1993 (Cth) ss. 29, 32, 148(a).

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

1. On 19 August 2010, 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 Exploration Permit Mineral (EPM 13870) (“the proposed tenement”) to Mt Dockerell Mining Pty Ltd (51%) and Syndicated Metals Limited (49%) (“the grantee party”). The government party notice nominated 29 September 2010 as the notification day for the purpose of s. 29(4)(a), and included a statement that it was considered that the grant attracted the expedited procedure.

2. On 11 January 2011, Chalk & Fitzgerald Lawyers & Consultants, the legal representatives of the native title party, lodged with the National Native Title Tribunal (“the Tribunal”), an expedited procedure objection application pursuant to s. 32(3).

1. On 3 February 2011, 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.

2. By letter dated 15 February 2012, the government party advised that it had withdrawn the assertion of the expedited procedure in relation to the proposed tenement. Accordingly the Tribunal no longer has jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to EPM 13870 is dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President