Croydon Pty Ltd v Mitakoodi/Juhnjlar People & State of Queensland [2003] QLRT 26

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Re William Croydon Pty Ltd v Mitakoodi/Juhnjlar People & State of Queensland [2003] QLRT 26 PARTIES: William Croydon Pty Ltd (Applicant) and the Mitakoodi/Juhnjlar People (Respondent) and State of Queensland (Statutory Party) FILE NO/S: NTC00019/2003 PROCEEDING: Application for compensation trust decision DELIVERED ON: 13 March 2003 DELIVERED AT: Brisbane HEARING DATE: Heard on the papers PRESIDING MEMBER/S: Koppenol P and Smith DP ORDER/S: Pursuant to Part 18 of the Mineral Resources Act 1989, the Tribunal decides by consent that the amount of compensation for the effect of the grant of ML 90150, any activities carried out under that lease, and any renewal of it, on the native title rights and interests of the Native Title Claim Group named in Native Title Determine Application No. QC 96/101 (Mitakoodi/Juhnjlar People), is nil. (at [6]) CATCHWORDS: MINING LEASE APPLICATION – COMPENSATION TRUST DECISION – NATIVE TITLE PARTY – CONSENT DETERMINATION – COMPENSATION Mineral Resources Act 1989, Pt 18 COUNSEL: N/A SOLICITOR/S: Ms Z Farmer, for the Applicant Mr C Hardy, for the Respondent Mr R Beausang, for the State of Queensland AGENT/S: N/A -- 1 of 2 -- Introduction [1] On 10 December 2002 William Croydon Pty Ltd (hereafter “the Applicant”) made application pursuant to s. 709(2) of the Mineral Resources Act 1989 (the “MRA”) for a compensation trust decision for the grant of ML 90150. The Applicant is the Applicant for ML 90150, the subject of separate proceedings before the Tribunal.1 [2] The Tribunal for this matter is constituted by a panel consisting of President Koppenol and Deputy President Smith. [3] Pearl Joyce Connelly for and on behalf of the Mitakoodi/Juhnjlar People2 (the Respondent) completed a notice of non-objection to ML 901503 on 3 February 2003. Although there is another native title party with respect to the mining lease application area,4 a negotiated agreement has been reached between those native title claimants and the Applicant.5 [4] It is apparent from submissions made by Ms Farmer for the Applicant, Mr Hardy for the Respondents, and Mr Beausang for the State of Queensland, that agreement has been reached between the parties in order for the grant of ML 90150 to proceed. Part of that agreement includes a consent order relating to the compensation trust decision. Compensation [5] As there has not as yet been a determination of native title by the Federal Court, any decision by the Tribunal about compensation must be a compensation trust decision.6 As indicated above, however, the parties in this matter have agreed to the terms of a consent order. By consent, the parties agree that the compensation trust decision should be nil. As the consent order is clearly a part of the overall negotiated outcome between the parties relating to the grant of ML 90150, we are prepared to make that order. Orders [6] Having regard to the foregoing we make the following order: Pursuant to Part 18 of the Mineral Resources Act 1989, the Tribunal decides by consent that the amount of compensation for the effect of the grant of ML 90150, any activities carried out under that lease, and any renewal of it, on the native title rights and interests of the Native Title Claim Group named in Native Title Determine Application No. QC96/101 (Mitakoodi/Juhnjlar People), is nil. 1 Tribunal matter no. NTML00114/2001. 2 NNTT claim no. QC96/101. 3 By Form 17.5. 4 The Kalkadoon People. 5 Issues regarding the Kalkadoon People are otherwise the subject of proceedings in Tribunal matter no. NTM000114/2001. 6 MRA s. 709(1). -- 2 of 2 --