Buurabalayji Thalanyji Aboriginal Corporation/Western Australia/Sunway Enterprises Pty Ltd

[2013] NNTTA 53

NATIONAL NATIVE TITLE TRIBUNAL

Buurabalayji Thalanyji Aboriginal Corporation/Western Australia/Sunway Enterprises Pty Ltd
[2013] NNTTA 53 (15 May 2013)

Applications No:       WO2012/0669

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 PBC Aboriginal Corporation                (native title party)

-and-

The State of Western Australia   (Government party)

-and-

Sunway Enterprises Pty Ltd  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:  Member Daniel O’Dea
Place:  Perth
Date of dismissal:            15 May 2013

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 WO2005/0041 and WO2005/0567, [2006] NNTTA 18 (23 February 2006), Hon C J Sumner

Representatives

Native title party:              Jerome Frewen, Desert Management Pty Ltd 

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

Grantee party                    Mr Ken Green, Green Legal

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Background

1. On 16 May 2012, the State of Western Australia (‘the Government party’) gave notice under s 29 of the Native Title Act1993 (Cth) (‘the Act’) of its intention to grant exploration licence 08/2332 (‘the proposed tenement’) to Sunway Enterprises Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 3 July 2012, the Buurabalayji Thalanyji PBC Aboriginal Corporation (‘the native title party’) lodged an expedited procedure objection application with the National Native Title Tribunal (‘the Tribunal’) in relation to the notice about the proposed tenement (WO2012/0669).

Relevant facts

1. After numerous extensions of time the Tribunal set directions for compliance on 15 March 2013.  

State (DMP)           Complied

Native Title Party    15 April 2013 – Not complied

Grantee Party         22 April 2013

State (SSO)            29 April 2013

Listing Hearing      16 May 2013

1. On 19 April 2013, the Government party submitted a letter to all parties requesting that, due to the fact that the native title party had not provided contentions, affidavits or any other documentary evidence in accordance with Tribunal Directions, the objection be dismissed.  The Grantee Party supported the application for dismissal.  The native title party did not respond.

2. As the native title party did not comply with the Directions of the Tribunal, and did not give a valid reason for this, I dismissed the expedited procedure objection application on 15 May 2013.

3. In making the decision to dismiss this application for non-compliance, I adopt the approach taken by the Tribunal in Judy Hughes on behalf of Thalanyji/Western Australia/Regent Resources Limited; Ochre Resources Ltd, NNTT WO2005/0041 and WO2005/0567, [2006] NNTTA 18 (23 February 2006), Hon C J Sumner, where the native title party had failed within a reasonable time to proceed with the application and had failed to comply with the Tribunal’s Directions, having submitted no contentions or documentary evidence despite having been informed of the possible consequences of the failure to comply.

Decision

1. Expedited procedure objection application WO2012/0669 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Daniel O’Dea
Member