Alan Young, Bill Harney on behalf of the Wardaman, Liyi, Yingawurnarri & Narrwan Groups/Northern Territory/Ausquest Ltd
[2003] NNTTA 16
•11 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 16 (11 February 2003)
Application No: DO02/92, DO02/95 & DO02/96
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 APPLICATIONS
Tribunal: Hon CJ Sumner, Deputy President
Place: Darwin
Date: 24 May 2020
Catchwords: Native title – future act – proposed grant of exploration licences – expedited procedure objection applications – failure to comply with Directions – objection applications dismissed.
Legislation:Native Title Act 1993 (Cth) s148(b).
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On the 12 June 2002, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences EL/23231, El23233 and EL23234 to Ausquest Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On 14 October 2002, Alan Young, Bill Harney on behalf of the Wardaman, Liyi, Yingawurnarri & Narrwan Groups (‘the native title party’) made expedited procedure objection applications to the Tribunal in relation to each of the proposed grants.
Relevant Facts
[3] On 18 October 2002, the Tribunal made directions in the standard form for the purposes of conducting an inquiry into the expedited procedure objection applications. These directions allowed for a 16 week period of negotiations to see if agreement could be reached between the parties on the grant of the exploration licences before the filing of contentions and document was required. The directions required the Government party to provide its contentions and documents by 3 February 2003 and for the native title party by 10 February 2003.
[4] On 11 November 2002, at the Preliminary Conference, a request was made by the native title party for the Status Conference (to ascertain progress in the negotiations) which had been set down for 6 January 2003 to be deferred to 30 January 2003. The request was approved.
[5] On 3 February 2003, the Government Party filed and served a Statement of Contentions to the Tribunal, in accordance with directions.
[6] On 7 February 2003, Mr Mark Rumler Solicitor representing the Native Title Party wrote to the Tribunal in the following terms in relation to this matter:
‘I further advise that the Native Title Party will also not now be filing contentions by the due date in relation to DO)2/92, DO02/95 and DO02/96, that likewise it does not seek an extension of time within which to do so, and that it would not object to a reversal of directions.
I assume therefore, that the Tribunal will deal with these Objections accordingly. Should the Tribunal consider dismissing the Objections, the native title party does not seek to be heard.’
[7] On 10 February 2003, the Grantee, Mr Graeme Drew of Ausquest Ltd emailed the Tribunal with the following submission;
“..As discussed, we are in agreement with a dismissal as requested by the NT Government. For the record we will continue to pursue an access agreement with the NLC.”
[8] On 11 February 2003, Mr Matthew Storey, Solicitor for the Northern Territory provided the Tribunal with the following submission in relation to these matters:
‘These matters are currently before Deputy President Sumner. In relation to DO02/92, DO02/95 and DO02/96, pursuant to Directions made by DP Sumner on 18 October 2002 the native title parties in these matters were to file contentions by 10 February 2003. I note that no such contentions in these matters have in fact been filed. I also note that correspondence from Mr Rumler of the NLC dated 7 February 2003, indicating that the native title parties in these matters will not be filing contentions.
Accordingly I seek to have these matters dismissed pursuant to s.148(b)’.
Decision
The native title party has failed to comply with the directions of the Tribunal made on 18 October 2003 and accordingly the expedited procedure objection applications in relation to EL23231, EL23233 and EL23234 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
The Hon CJ Sumner
Deputy President
11 February 2003
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