Billy Coolibah & Ors on behalf of the Gurdanji and Garawa People/Northern Territory/Axis Consultants Pty Ltd

[2003] NNTTA 68

NATIONAL NATIVE TITLE TRIBUNAL

Billy Coolibah & Ors on behalf of the Gurdanji and Garawa People/Northern Territory/Axis Consultants Pty Ltd, [2003] NNTTA 68 (30 April 2003)

Application No:        DO02/111

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

-and-

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

Billy Coolibah & Ors on behalf of the Gurdanji and Garawa People – DC00/27 (native title party)

-and-

The Northern Territory of Australia (Government party)

-and-

Axis Consultants Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                   Hon C J Sumner, Deputy President
Place:  Darwin
Date:  30 April 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).

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On the 21 August 2002, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence ELA23515 to Axis Consultants Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 21 December 2002, Billy Coolibah & Ors on behalf of the Gurdanji and Garawa People (‘the native title party’) made an expedited procedure objection application to the Tribunal.

Relevant Facts

1. On 23 December 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 March 2003, a Status Conference was convened during which Mr John Hughes, solicitor for the native title party, and Ms Lisa Bowyer, representing the grantee party, indicated that agreement was likely.  Mr Hughes advised verbally that the Northern Land Council would take steps to withdraw or otherwise dispose of the objection to the expedited procedure.

3. On 14 April 2003, the Northern Territory government lodged contentions and documents with the Tribunal.

4. The native title party did not lodge contentions on 22 April 2003 as directed.  Neither was advice received from the Northern Land Council as to their intentions.

5. On 24 April 2003, Deputy President Sumner vacated directions made 23 December 2002 and instructed that a Directions Hearing be scheduled for 7 May 2003 to ascertain the native title party’s intentions.

1. On 28 April 2003, the Tribunal received the following advice from Mr John Hughes of the Northern Land Council:

   ‘I confirm that in relation to the matter, the Native Title Party will not be filing contentions by the current due date and that it does not seek an extension of time within which to do so.

   I assume therefore that the Tribunal will deal with the Objections 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.’

Decision

1. 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 22 April 2003 or at all. Accordingly the objection application in respect of exploration licence ELA23515 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
30 April 2003