William Doyle & Ors (Kalkadoon People #4)/Queensland/XDM Resources Limited

[2011] NNTTA 193

NATIONAL NATIVE TITLE TRIBUNAL

William Doyle & Ors (Kalkadoon People #4)/Queensland/XDM Resources Limited, [2011] NNTTA 193 (3 November 2011)

Application No:        QO11/89

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, Illona Parter, Sonny Condren, Hazel Munro, Sue Sarmardin 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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XDM Resources Limited  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:        John Sosso
Place:              Brisbane
Date:               3 November 2011

Catchwords:   Native title – future act – proposed grant of exploration permit – expedited procedure objection application – tenement partially abandoned – no jurisdiction to proceed – expedited procedure objection application dismissed.

Legislation:Native Title Act 1993 (Cth) ss 29, 32, 76, 77, 148(a)

Native Title (Tribunal) Regulations 1993

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

1. On 30 November 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 for Mineral, EPM 18646 (“the proposed tenement”) to XDM Resources Limited (“grantee party”) and included a statement that it considered that this proposed future act attracted the expedited procedure. Pursuant to s. 29(4) 5 January 2011 was specified as the notification day.

2. On 5 May 2011, Chalk & Fitzgerald Lawyers lodged with the National Native Title Tribunal (“Tribunal”), an expedited procedure objection application pursuant to s. 32(3) on behalf of the Kalkadoon People #4 (“native title party”).

3. On 9 May 2011, 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. On 11 May 2011, having considered the expedited procedure objection application against each of the conditions contained in s. 76 and Regulation 4 of the Native Title (Tribunal) Regulations 1993, I accepted it pursuant to s. 77.

5. The grantee party has progressively reduced the size of the proposed tenement by abandoning a number of sub-blocks.  Originally the proposed tenement consisted of 100 sub-blocks, but nine sub-blocks were abandoned effective on 15 September 2011. A further sub-block (NORM 2467 d) was abandoned, effective 28 October 2011.  The practical effect of the abandonment of these 10 sub-blocks is that the proposed tenement no longer overlaps the boundaries of the Kalkadoon People #4 registered native title determination application.

6. Accordingly, there no longer is a future act and the Tribunal has no jurisdiction to proceed.

Decision

1. The expedited procedure objection application in relation to EPM 18646 is dismissed pursuant to s.148(a) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President