Alan Young, Bill Harney on behalf of the Wardaman, Liyi, Yingawurnarri & Narrwan Groups/Northern Territory/Ausquest Ltd
[2003] NNTTA 32
•17 February 2003
NATIONAL NATIVE TITLE TRIBUNAL
Alan Young, Bill Harney on behalf of the Wardaman, Liyi, Yingawurnarri & Narrwan Groups/Northern Territory/Ausquest Ltd, [2003] NNTTA 32 (17 February 2003)
Application No: DO02/107
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of an Inquiry into an expedited procedure objection application
Alan Young, Bill Harney on behalf of the Wardaman, Liyi, Yingawurnarri & Narrwan Groups – DC02/27 (native title party)
-and-
The Northern Territory of Australia (Government party)
-and-
Ausquest Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Hon C J Sumner, Deputy President
Place: Darwin
Date: 17 February 2003
Catchwords: Native title – future act – proposed grant of exploration licence expedited procedure application – failure to comply with Directions – objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s 148(b).
Cases:Kathleen Parry & Others for the Wagiman, Ngangiwumeri, Malak Malak, and Kamu Peoples/Northern Territory/Troy Resources NL, [2003] NNTTA 18 (12 February 2003)
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On the 24 July 2002, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence ELA23235 to Ausquest Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 25 November 2002, Alan Young, Bill Harney on behalf of the Wardaman, Liyi, Yingawurnarri & Narrwan Groups (‘the native title party’) made an expedited procedure objection application to the Tribunal.
Relevant Facts
On 29 November 2002, the Tribunal issued directions for the purposes of conducting an inquiry into the expedited procedure objection application. These directions were in the standard form which allows for a 16 week period of negotiations to see if agreement can be reached between the parties on the grant of the tenement before the filing of contentions and documents is required.
On 17 February 2002 a Status Conference was convened during which Mr Mark Rumler, representing the native title party, advised the Tribunal that the Northern Land Council would not be filing contentions by the due date of 24 March 2003, and that they did not seek an extension of time within which to do so. This advice was reiterated in correspondence received later the same morning. Mr Rumler further advised that should the Tribunal consider dismissing the objection the native title party did not seek to be heard.
On the same date, Ms Poppi Gatis, representing the Northern Territory, requested that in the light of Mr Rumler’s submission the objection be dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
An objection application may be dismissed forthwith pursuant to s 148(b) of the Act for failure to comply with directions where a native title party has advised of its intention not to comply even though the date for compliance has not passed. (See cases cited in Kathleen Parry & Others for the Wagiman, Ngangiwumeri, Malak Malak, and Kamu Peoples/Northern Territory/Troy Resources NL, [2003] NNTTA 18 (12 February 2003) at [8]).
Decision
The native title party has informed the Tribunal that it does not intend to comply with the Tribunal’s direction to provide its contentions and documents by 24 March 2003 or at all. Accordingly the objection application in respect of exploration licence ELA23235 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
17 February 2003
0
1
0