Buurabalayji Thalanyji Aboriginal Corporation on behalf of the Thalanyji People/ Western Australia/Twelve Mile Pty Ltd

[2012] NNTTA 90

NATIONAL NATIVE TITLE TRIBUNAL

Buurabalayji Thalanyji Aboriginal Corporation on behalf of the Thalanyji People/ Western Australia/Twelve Mile Pty Ltd, [2012] NNTTA 90 (13 August 2012)

Application No:        WO11/1221

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 the Thalanyji People    
  (native title party)
-and-

The State of Western Australia   (Government party)

-and-

Twelve Mile Pty Ltd   (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:  President Graeme Neate
Place:  Brisbane
Date of dismissal:            9 August 2012
Date of reasons:              13 August 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), ss. 29, 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 Greg Abbott, M & M Walter Consulting

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Background

1. On 1 September 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 E08/2212 (“the proposed license”) to Twelve Mile Pty Ltd (“the grantee party”) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 15 September 2011, Buurabalayji Thalanyji Aboriginal Corporation on behalf of the Thalanyji People (“the native title party”) lodged an expedited procedure objection application with the Tribunal in relation to E08/2212.

Relevant facts

1. At an adjourned status conference for expedited procedure objection application WO11/1221 on 16 May 2012, the grantee party representative advised that his client wished the matter to proceed to inquiry.  On this basis, the native title party requested six week variation to directions to gather statements and evidence.  The request was approved requiring 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 16 July 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. On 2 August 2012, 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 and the native title party did not respond to the Tribunal’s notice regarding the Government party’s request.

4. As the native title party had not complied with the Directions of the Tribunal nor made any contact with the Tribunal, I dismissed the expedited procedure objection application on 9 August 2012 in accordance with the submission of the Government party.

5. In making the decision to dismiss this application for non-compliance, I adopt the Tribunal’s approach 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, at [14], and find 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 WO11/1221 is dismissed pursuant to s. 148(b) of the Native Title Act 1993 (Cth)

Graeme Neate
President