Angelina Cox & Ors on behalf of Puutu Kunti Kurrama & Pinikura #2/Western Australia/Onslow Resources Ltd

[2010] NNTTA 207

NATIONAL NATIVE TITLE TRIBUNAL

Angelina Cox & Ors on behalf of Puutu Kunti Kurrama & Pinikura #2/Western Australia/Onslow Resources Ltd, [2010] NNTTA 207 (15 December 2010)

Application Nos:       WO10/940, WO10/941

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

-and-

IN THE MATTER of an inquiry into expedited procedure objection applications

Angelina Cox & Ors on behalf of Puutu Kunti Kurrama & Pinikura #2 (native title party)

-and-

The State of Western Australia (Government party)

-and-

Onslow Resources Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            10 December 2010
Date of reasons:              15 December 2010

Catchwords:  Native title – future acts – proposed grant of exploration licences – expedited procedure objection applications – failure to comply with directions – objection applications dismissed.

Legislation:Native Title Act1993 (Cth) ss 29, 148(b)

Cases:Angelina Cox and Others on behalf of Puutu Kunti Kurrama & Pinikura People/Western Australia/Globe Uranium Ltd, NNTT WO07/42, [2007] NNTTA 95 (17 September 2007), Hon C J Sumner

Representative of the

native title party:               Ms Lea Notte, Pilbara Native Title Service

Representative of the        

Government party:           Mr Clyde Lannan, Department of Mines and Petroleum

Representative of the

grantee party:  Mr Ken Green, Green Legal

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 30 June 2010, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licences E08/2130 and E08/2132 to Onslow Resources Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 13 July 2010, Angelina Cox & Ors on behalf of Puutu Kunti Kurrama & Pinikura #2 – Native Title Claim No. WC05/4, registered from 15 August 2006 (‘the native title party’) made expedited procedure objection applications to the Tribunal.

Relevant facts

1. The Tribunal made directions on 18 August 2010, requiring all parties to produce contentions and evidence for the conduct of the inquiry to determine whether or not the expedited procedure was attracted. The native title party was to provide a statement of contentions, documentary evidence and witness statements verified where possible by affidavits on or before 29 November 2010. The Tribunal has previously considered an application for dismissal of a Puutu Kunti Kurrama & Pinikura #2 objection pursuant to s 148(b) of the Act (see Angelina Cox and Others on behalf of Puutu Kunti Kurrama & Pinikura People/Western Australia/Globe Uranium Ltd, NNTT WO07/42, [2007] NNTTA 95 (17 September 2007), Hon C J Sumner (at [21])). I adopt my findings in that matter for the purposes of this inquiry. In this present case, I find that the native title party has failed to comply with the Tribunal’s directions having submitted no statements of contention or supporting evidence despite having been informed of the possible consequences of a failure to comply.

Decision

1. Expedited procedure objection applications WO10/940 and WO10/941 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President

15 December 2010