Ben Ward and Others on behalf of the Miriuwung and Gajerrong People (WC94/2)/ Western Australia/Roebuck Resources Nl

[2001] NNTTA 20

NATIONAL NATIVE TITLE TRIBUNAL

Ben Ward and Others on behalf of the Miriuwung and Gajerrong People (WC94/2)/ Western Australia/Roebuck Resources NL, [2001] NNTTA 20 (23 March 2001)

Application No:        WO00/156

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

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

Ben Ward and Others on behalf of the Miriuwung and Gajerrong People (WC94/2) (native title party)

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The State of Western Australia (Government party)

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Roebuck Resources NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:           The Hon C. J. Sumner
Place:                 Perth
Date:                  23 March 2001

Catchwords:     Native Title – future act – proposed grant of an exploration licence – expedited procedure objection application – native title party failed to comply with Tribunal’s directions – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(b)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 26 January 2000, the Government party gave notice of its intention to grant exploration licence E80/2501 to Roebuck Resources NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.  On 20 March 2000, Ben Ward and Others on behalf of the Miriuwung and Gajerrong People (WC94/2) (‘the native title party’) made an expedited procedure objection application to the Tribunal.

1. On 13 June 2000, the Tribunal gave directions requiring the parties to produce contentions and documents in relation to an inquiry into whether the expedited procedure was attracted.  The Government party complied with the directions within the time specified.  The native title party did not comply with the directions.

1. On 29 September 2000, the Tribunal made further directions, which required the native title party to provide its contentions and documents by 12 October 2000.  It failed to do so.  On 26 October 2000, the Tribunal was informed that an agreement had been reached but needed to be finalised.  Subsequently it became apparent that no agreement had been finalised and on 12 January 2001 the parties were given until 2 February 2001 to attempt to resolve the matter.  They were informed that if no agreement had been reached by then the Tribunal would make further directions for an inquiry.

1. As no agreement had been reached by 2 February 2001, the Tribunal made further directions requiring the native title party to provide its contentions and documents on or before 23 February 2001.  A copy of the directions was sent to the native title party’s representative, Mr Bob Hannan of the Mirriuwung Gajerrong Family Heritage Land Council, as the lawyer previously representing the native title party had withdrawn from the matter.  On 9 February 2001 the Tribunal wrote to Mr Bob Hannan enclosing a further copy of the directions and advising that if the native title party did not comply with the directions the Tribunal ‘may dismiss the application’.

1. At a Listing Hearing today, there was no appearance from Mr Hannan. The grantee party submitted that the objection application should be dismissed. The facts clearly establish that the native title party has failed to comply with the Tribunal’s directions and dismissal of the objection application pursuant to s 148(b) is justified.

Decision

1. The expedited procedure objection application is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth) (as amended).

Hon C. J. Sumner
Member

23 March 2001