Buurabalayji Thalanyji Aboriginal Corporation on behalf of the Thalanyji People/ Western Australia/Geological Resources Pty Ltd

[2012] NNTTA 76

NATIONAL NATIVE TITLE TRIBUNAL

Buurabalayji Thalanyji Aboriginal Corporation on behalf of the Thalanyji People/ Western Australia/Geological Resources Pty Ltd, [2012] NNTTA 76 (29 June 2012)

Application No:        WO11/774

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

-and-

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

Buurabalayji Thalanyji Aboriginal Corporation on behalf of Thalanyji           
  (native title party)
-and-

The State of Western Australia   (government party)

-and-

Geological Resources Pty Ltd   (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:  John Sosso
Place:  Brisbane
Date of dismissal:            12 June 2012
Date of reasons:              29 June 2012

Catchwords:  Native title – future act – proposed grant of exploration licence - expedited procedure objection application – failure to comply with directions – expedited procedure objection application dismissed.

Legislation:Native Title Act1993 (Cth), s 148(b)

Cases:Judy Hughes on behalf of Thalanji/Western Australia/Regent Resources Limited; Ochre Resources Ltd, NNTT WO05/41 and WO05/567, [2006] NNTTA 18 (23 February 2006), Hon C J Sumner

Representatives

Native title party:              Mr Jerome Frewen, Desert Management Pty Ltd

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

Grantee party:                   Mr Peter del Fante, Geological Resources Pty Ltd

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Background

1. On 29 June 2011, the State of Western Australia (“the government party”) gave notice under s. 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licence E08/2238 (“the proposed tenement”) to Geological Resources Pty Ltd (“the grantee party”) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 7 July 2011, Buurabalayji Thalanyji Aboriginal Corporation (“the native title party”) lodged an expedited procedure objection application with the Tribunal in relation to E08/2238.

Relevant facts

1. At the adjourned preliminary conference for expedited procedure objection application WO11/774 on 11 April 2012 the grantee party requested that the matter proceed to inquiry on the basis that it did not accept either the Alternative Heritage Agreement or any other agreement, including amended prior agreements with the grantee party. All parties agreed to proceed to inquiry and Directions were made requiring, inter alia, the native title party to provide contentions, supported by affidavits and any other documentary evidence, to the Tribunal and all other parties on or before 7 May 2012.

2. By the due date for compliance by the native title party, no contentions had been received nor had there been any contact from the native title party requesting additional time for compliance.

3. A Listing Hearing was convened on 7 June 2012 at which time the government party requested that the expedited procedure objection application be dismissed under s. 148(b) of the Act for failure of the native title party to comply with the Tribunal’s directions. The grantee party agreed with this request.

4. The native title party did not attend the Listing Hearing on 7 June 2012 and did not respond to the Tribunal’s notice regarding the government party’s request that the expedited procedure objection application be dismissed under s. 148(b) of the Act.

5. As the native title party had not complied with the Directions of the Tribunal nor made any contact with the Tribunal between 11 April 2012 and 7 June 2012, I dismissed the expedited procedure objection application on 12 June 2012 in accordance with the submissions of the government and grantee parties.

6. In making the decision to dismiss this application for non-compliance, I adopt the Tribunal’s findings in Judy Hughes on behalf of Thalanyji/Western Australia/Regent Resources Limited; Ochre Resources Ltd, NNTT WO05/41 and WO05/567, [2006] NNTTA 18 (23 February 2006), Hon C J Sumner that the native title party has failed within a reasonable time to proceed with the application and to comply with the Tribunal’s directions having submitted no contentions or documentary evidence despite having been informed of the possible consequences of a failure to comply.

Decision

1. Expedited procedure objection application WO11/774 is dismissed pursuant to s. 148(b) of the Native Title Act 1993 (Cth)

John Sosso
Deputy President