Albert Charlie obo (Gudidiwalia and Siegel Creek)/Northern Territory/Norquest Mines Pty Ltd

[2003] NNTTA 5

NATIONAL NATIVE TITLE TRIBUNAL

Albert Charlie obo (Gudidiwalia and Siegel Creek)/Northern Territory/Norquest Mines Pty Ltd, [2003] NNTTA 5 (21 January 2003)

Application No:        DO02/108

IN THE MATTER of the Native Title Act 1993 (Cth)

-and-

IN THE MATTER of an inquiry into an expedited procedure objection application

Albert Charlie obo the Gudidiwalia and Siegel Creek People – DC02/11 (native title party)

-and-

The Northern Territory of Australia (Government party)

-and-

Norquest Mines Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                   Hon C J Sumner, Deputy President
Place:  Darwin
Date:  21 January 2002

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).

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. 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 ELA23573 to Norquest Mines Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 22 November 2002, Albert Charlie on behalf of the Gudidiwalia and Siegel Creek People (‘the native title party’) made an expedited procedure objection application to the Tribunal.

Relevant Facts

1. 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.

2. On 17 December 2002 a Preliminary Conference was convened during which the grantee party’s representative, Mr John Goulevitch for Norquest Mines Pty Ltd, requested the directions be amended to require earlier compliance with the filing of contentions and documents (‘shortened directions’) as negotiations were unlikely to produce agreement within the 16 weeks allowed for them.  Mr Goulevitch further submitted that if the Northern Land Council, representing the native title party, stated they would not be complying with directions then the shortened directions should also be reversed, requiring the native title party to provide their evidence one week before the Northern Territory Government.  The Government party and the native title party did not oppose either request, and after consideration I issued shortened directions but did not reverse the order of compliance.  The amended shortened directions required the Government party to provide its contentions and documents by 13 January 2003, those of the native title party by 20 January 2003 and the grantee party by 28 January 2003.  I further directed:

   ‘On or before 8 January 2003 the native title party shall provide correspondence to the Tribunal and each other party confirming whether or not they intend to comply with directions in this Inquiry’

1. On 8 January 2003, Mr John Hughes, Solicitor representing the native title party, advised the Tribunal;

   ‘In this matter the Tribunal had made certain directions, including a direction that the Native Title party file contentions by 20 January 2003.

   However on review, we are not in a position to comply with these directions, nor to make submission or to adduce further evidence in support of the Objection, within a time that the Tribunal is likely to consider reasonable, and so do not seek any extension of time.

   The Native Title party understands the Tribunal will deal with the Objection accordingly.  Should the Tribunal consider excusing the other parties from further compliance with directions and dismissing the Objection application, the Native Title party does not seek to be heard.’

2. On 9 January 2003, the Government party requested that in light of the Northern Land Council’s submission the matter be dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth). The grantee party supported this application for dismissal on the same date.

Decision

1. The native title party has not complied with the directions to provide its contentions and documents by 20 January 2003 and advised that they will not be able to comply with the directions. Accordingly the objection application in respect of exploration licence ELA23573 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
21 January 2003