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

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)

- and -

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)

- and -

The State of Queensland (government party)

- and -

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

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.
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).

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.
By letter dated 15 February 2012, the government party advised that it had withdrawn the assertion of the expedited procedure in relation to the proposed tenement.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

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

CaseChat Overview and Summary

The case involved the Kalkadoon people, represented by William Doyle and others, who sought to object to an expedited procedure for a proposed grant of an exploration permit over their native title lands. The respondents were Dockerell Mining Pty Ltd and Syndicated Metals Limited. The matter was heard in the Federal Court of Australia. The applicants sought to challenge the proposed grant of an exploration permit, which they argued would infringe upon their native title rights. They filed an objection application under the Native Title Act 1993, seeking an expedited procedure due to the urgency of the matter.

The primary legal issue before the court was whether it had jurisdiction to proceed with the objection application after the government party, Queensland, withdrew its assertion of the expedited procedure. The applicants argued that the court retained jurisdiction despite the withdrawal, while the respondents contended that the withdrawal effectively terminated the objection application. The court had to determine the impact of the government party's withdrawal on the jurisdiction of the court to entertain the objection application.

The court held that once the government party withdrew its assertion of the expedited procedure, it no longer had a basis to maintain the objection application. As a result, the court found that it no longer had jurisdiction to proceed with the matter. Consequently, the objection application was dismissed. The court's decision underscored the importance of the government party's role in the expedited procedure and the consequences of its withdrawal on the court's jurisdiction.

The court's final order was that the objection application was dismissed, with no orders as to costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established