//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
austlii:cth/NNTTA/2008/159
defendant. The five expedited procedure objection applications (QO08/49, QO08/55, QO08/56, QO08/73, and QO08/79) were dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth)
1 cited instrument linked from this judgment.
The National Native Title Tribunal dismissed five expedited procedure objection applications because the mining companies had abandoned their applications for the exploration permits. When a mining company abandons its application for a tenement, there is no longer any proposed 'future act' for native title parties to object to, so the Tribunal loses its jurisdiction to hear the objection. This is a straightforward procedural decision based on lack of jurisdiction rather than any substantive determination about native title rights or the validity of the objections.
AI-generated legal information, not legal advice. Zoe can make mistakes. Check the cited source, and for advice about your situation consult a qualified Australian lawyer.
Allan Fisher & Ors (Birri People); David Allie & Ors (Gudjala People); Johnny Frogg & Ors (Kalkadoon People #4)/Queensland/Sexton Developments Pty Ltd; Bridge Mines Pty Ltd; Macmin Silver Ltd [2008] NNTTA 159 (5 December 2008)
Applications No: QO08/49, QO8/55, QO08/56, QO08/73 & QO08/79
IN THE MATTER of the Native Title Act 1993 (Cth)
IN THE MATTER of inquiries into expedited procedure objection applications
Johnny Frogg, William Doyle, Noelene Dempsey, Illona Parter, Sonny Condren, Hazel Munro, Sue Samardin Jr, Patricia Kyle, Connie Craigie and Doug Bruce on behalf the Kalkadoon People #4.
David Allie, Roe Hero, William Santo, Gavin Allingham, Allan Huen and Gloria Santo on behalf of the Gudjala People;
DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS
Catchwords: Native title - future act - proposed grant of exploration permits - expedited procedure objection applications - abandonment of tenements - no jurisdiction to proceed - objection applications dismissed.
Legislation: Native Title Act 1993 (Cth) s 148(a)
REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS
[1] On the dates specified in the attached schedule, the Queensland Department of Natural Resources and Water ("government party") gave notice under section 29 of the Native Title Act 1993 (Cth) ("the Act") of its intention to grant Exploration Permits for Mineral (EPM) to Bridge Mines Pty Ltd and Macmin Silver Ltd ("grantee parties"), and included in the notices a statement that it considered that the grants attracted the expedited procedure.
[2] On the dates specified in the attached Schedule, the native title parties lodged with the National Native Title Tribunal ("the Tribunal"), expedited procedure objection applications pursuant to section 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 the dates specified in the attached Schedule, the Tribunal was advised that the applications for EPM had been abandoned. Accordingly the Tribunal no longer has jurisdiction to proceed.
[5] The expedited procedure objection applications specified in the attached Schedule are dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth).
SCHEDULE - DETERMINATION [2008] NNTTA 159 (5 December 2008)
Johnny Frogg, William Doyle, Noelene Dempsey, Illona Parter, Sonny Condren, Hazel Munro, Sue Samardin Jr, Patricia Kyle, Connie Craigie and Doug Bruce on behalf the Kalkadoon People #4
David Allie, Roe Hero, William Santo, Gavin Allingham, Allan Huen and Gloria Santo on behalf of the Gudjala People QC05/6
David Allie, Roe Hero, William Santo, Gavin Allingham, Allan Huen and Gloria Santo on behalf of the Gudjala People QC05/6
Johnny Frogg, William Doyle, Noelene Dempsey, Illona Parter, Sonny Condren, Hazel Munro, Sue Samardin Jr, Patricia Kyle, Connie Craigie and Doug Bruce on behalf the Kalkadoon People #4
Johnny Frogg, William Doyle, Noelene Dempsey, Illona Parter, Sonny Condren, Hazel Munro, Sue Samardin Jr, Patricia Kyle, Connie Craigie and Doug Bruce on behalf the Kalkadoon People #4
The five expedited procedure objection applications (QO08/49, QO08/55, QO08/56, QO08/73, and QO08/79) were dismissed pursuant to section 148(a) of the Native Title Act 1993 (Cth)