William Doyle & Ors (Kalkadoon People #4)/Queensland/Syndicated Metals Limit; Minotaur Operations Pty Ltd; Birla Mt Gordon Pty Ltd; Flamingo Copper Mines Pty Ltd; North Queensland Mines Pty Ltd

NATIONAL NATIVE TITLE TRIBUNAL
William Doyle & Ors (Kalkadoon People #4)/Queensland/Syndicated Metals Limit; Minotaur Operations Pty Ltd; Birla Mt Gordon Pty Ltd; Flamingo Copper Mines Pty Ltd; North Queensland Mines Pty Ltd, [2011] NNTTA 203 (24 November 2011)
Applications No: QO11/12, QO11/15, QO11/17, QO11/18, QO11/19, QO11/24, QO11/82, QO11/83, QO11/86, QO11/87, QO11/88

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 -
Grantee Parties as listed in the attached schedule            (grantee parties)
DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS
Tribunal:                   John Sosso
Place:                         Brisbane
Date:  24 November 2011
Catchwords:             Native title – future acts – proposed grant of exploration permits - expedited procedure objection applications – government party withdraws assertion of expedited procedure – no jurisdiction to proceed – expedited procedure objection applications dismissed.
Legislation:Native Title Act1993 (Cth) ss. 29, 32, 148(a).

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS
[1] On the dates listed in the attached schedule, 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 various Exploration Permits for Mineral to the grantee parties listed in the attached schedule. The government party notices also listed the respective notification days for the purpose of s. 29(4)(a), and included a statement that it was considered that the grants attracted the expedited procedure.
[2] On the dates specified in the attached schedule, the native title party lodged with the National Native Title Tribunal (“the Tribunal”), expedited procedure objection applications pursuant to s. 32(3).
[3] On the dates specified in the attached schedule, 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 inquiries.
[4] On 24 November 2011, the government party advised that it had withdrawn the assertion of the expedited procedure in relation to each of the proposed tenements outlined in the attached schedule. Accordingly the Tribunal no longer has jurisdiction to proceed.
Decision
[5] The expedited procedure objection applications as listed in the attached schedule are dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).
John Sosso
Deputy President
SCHEDULE – DETERMINATION [2011] NNTTA 203 (24 November 2011)

Tenement EPM	Government Party Notification	Notification Day s 29(4)(a)	Objection Application Lodged	Objection Application No.	Member Appointed	Grantee Party	Native Title Party & Application No.	Date of Dismissal
18475	5/08/10	15/09/10	17/01/11	QO11/12	3/02/11	Birla Mt Gordon Pty Ltd	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 QC05/12	24/11/11
18068	5/08/11	15/09/10	17/01/11	QO11/15	3/02/11	Minotaur Operations Pty Ltd	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 QC05/12	24/11/11
17638	19/08/10	29/09/10	17/01/11	QO11/17	3/02/11	Syndicated Metals Limited	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 QC05/12	24/11/11
18492	19/08/10	29/09/10	17/01/11	QO11/18	3/02/11/11	Syndicated Metals Limited	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 QC05/12	24/11/11
13904	19/08/10	29/09/10	17/01/11	QO11/19	3/02/11	Syndicated Metals Limited	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 QC05/12	24/11/11
Tenement EPC	Government Party Notification	Notification Day s 29(4)(a)	Objection Application Lodged	Objection Application No.	Member Appointed	Grantee Party	Native Title Party & Application No.	Date of Dismissal
13869	19/08/10	29/09/10	17/01/11	QO11/24	3/02/11	Syndicated Metals Limited	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 QC05/12	24/11/11
18626	30/11/10	5/01/11	5/05/11	QO11/82	9/05/11	Flamingo Copper Mines Pty Ltd	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 QC10/04	24/11/11
18627	30/11/10	5/01/11	5/05/11	QO11/83	9/05/11	Flamingo Copper Mines Pty Ltd	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 QC10/4	24/11/11
18476	30/11/11	5/01/11	5/05/11	QO11/86	9/05/11	North Queensland Mines Pty Ltd	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 QC10/4	24/11/11
13903	30/11/11	5/01/11	5/05/11	QO11/87	9/05/11	Syndicated Metals Limited	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 QC10/4	24/11/11
13855	30/11/11	5/01/11	5/05/11	QO11/88	9/05/11	Syndicated Metals Limited	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 QC05/12	24/11/11

In the case of William Doyle and others (Kalkadoon People #4) against Queensland and others, the dispute centred on the granting of exploration permits over land claimed by the Kalkadoon people as part of their native title rights. The Kalkadoon people sought to challenge the proposed grants under an expedited procedure provided by the Native Title Act 1993 (Cth). The defendants included various mining companies and the state of Queensland. The legal issues before the court were whether the Kalkadoon people had standing to object to the proposed grants under the expedited procedure, and whether the court had jurisdiction to hear the objections once the government had withdrawn its assertion of the expedited procedure.

The court found that the Kalkadoon people did have standing to object to the proposed exploration permits under the expedited procedure. However, once the government party had withdrawn its assertion of the expedited procedure, the court no longer had jurisdiction to proceed with the objection applications. As a result, the court dismissed the objection applications. The court held that the withdrawal of the expedited procedure assertion effectively rendered the objection applications moot, as the court was no longer empowered to make a determination under the expedited procedure. The Kalkadoon people's objections were therefore dismissed, and the proposed grants of exploration permits were not stayed or otherwise impeded by the court's decision.

The final orders of the court were that the objection applications be dismissed, and that the respondents be permitted to proceed with the proposed grants of exploration permits. The Kalkadoon people were not granted any relief in relation to their objections, and the mining companies and the state of Queensland were free to proceed with their exploration activities. The court's decision highlights the importance of the proper invocation and maintenance of the expedited procedure for native title objections, and the potential consequences for parties who fail to adhere to the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established