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
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)
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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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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 2011Catchwords: 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 PresidentSCHEDULE – 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 |
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