Charlie Lapthorne and Others on behalf of the Thudgari People, Wyamba Aboriginal Corporation/Western Australia/Gondwana Resources Ltd
[2010] NNTTA 195
•29 November 2010
NATIONAL NATIVE TITLE TRIBUNAL
Charlie Lapthorne and Others on behalf of the Thudgari People, Wyamba Aboriginal Corporation/Western Australia/Gondwana Resources Ltd, [2010] NNTTA 195 (29 November 2010)
Application Nos: WO09/818, WO09/822, WO09/825, WO09/826, WO09/827, WO09/834, WO10/837
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of an inquiry into expedited procedure objection applications
Charlie Lapthorne and Others on behalf of the Thudgari People (WC97/95)
Wyamba Aboriginal Corporation (WC97/95) (native title parties)
-and-
The State of Western Australia (Government party)
-and-
Gondwana Resources Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of dismissal: 15 November 2010
Date of reasons: 29 November 2010
Catchwords: Native title – future act – proposed grant of exploration licences – expedited procedure objection applications – failure to comply with directions – springing order dismissing expedited procedure objection applications in the event of non-compliance – objection applications dismissed.
Legislation:Native Title Act1993 (Cth) ss 29, 148(b)
Cases:Dixon v Northern Territory of Australia [2002] NNTTA 48; (2002) 169 FLR 103
Representative of the
native title party: Mr Simon Millman, Slater & Gordon Lawyers
Representatives of the Mr Clyde Lannan, Ms Leanne Davis, Ms Ros Dawson
Government party: Department of Mines and Petroleum
Representative of the
grantee party: Mr Brett Anderson, Anderson Tenement Management
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On the dates specified in the attached schedule, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of its intention to grant various exploration licences to Gondwana Resources Ltd (‘the grantee party’) and in each case included in the notice a statement that it considered that the grant attracted the expedited procedure.
On the dates specified in the attached schedule, Charlie Lapthorne and Others on behalf of the Thudgari People – Native Title Claim No. WC97/95, registered from 18 November 1997 and the Wyamba Aboriginal Corporation prescribed body corporate (established following the Federal Court making a determination of native title in favour of the Thudgari People WC97/95 on 18 November 2009) (‘the native title parties’) made expedited procedure objection applications to the Tribunal.
Relevant facts
The Tribunal made directions on 30 November 2009, in relation to WO09/818, WO09/822, WO09/825, WO09/826, WO09/827 and WO09/834 and made directions in relation to WO10/387 on 12 July 2010, requiring all parties to produce contentions and evidence for the conduct of the inquiry to determine whether or not the expedited procedure was attracted. WO10/387 was joined to these proceedings on 27 July 2010. The directions contain a statement that an objection may be dismissed pursuant to s 148(b) of the Act if the objector fails within a reasonable time to proceed with the application or to comply with a direction of the Tribunal.
At an adjourned status conference on 22 September 2010, the representative for the native title parties requested that the matters proceed to inquiry on the basis that an agreement could not be reached with the grantee party. The directions were set with the native title party to comply on or before 25 October 2010.
On 21 October 2010, the native title parties’ representative made a further request for an extension of compliance to 15 November 2010 in order to finalise their contentions and evidence. This request was approved on 3 November 2010. The Tribunal’s directions imposed a springing order which has the effect of immediately dismissing the objection applications pursuant to s 148(b) of the Act if there is non-compliance by close of business on the due date, being 15 November 2010 (see Dixon v Northern Territory of Australia [2002] NNTTA 48; (2002) 169 FLR 103).
The Government party has complied with directions. Neither contentions nor evidence has been received from the native title parties and no explanation has been offered for the failure to comply with the Tribunal’s directions. The springing order, applied to the Tribunal directions on 3 November 2010, has resulted in dismissal of the applications.
Decision
Expedited procedure objection applications WO09/818, WO09/822, WO09/825, WO09/826, WO09/827, WO09/834, and WO10/837 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
29November 2010
SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS
Tenement No(s). Date of Govt Party Notification (s 29 notice) Objection Application No. Date Objection Application Lodged Grantee Party
Native Title Party & Linked Claimant Objection No. Date Directions Made Dismissal Date by operation of the Springing Order E08/1968
29/07/2009
WO09/818
05/11/2009
Gondwana Resources Ltd
Charlie Lapthorne and Others on behalf of the Thudgari People
03/11/2010
15/11/2010
E08/1967
29/07/2009
WO09/822
05/11/2009
Gondwana Resources Ltd
Charlie Lapthorne and Others on behalf of the Thudgari People
03/11/2010
15/11/2010
E09/1662
29/07/2009
WO09/825
05/11/2009
Gondwana Resources Ltd
Charlie Lapthorne and Others on behalf of the Thudgari People
03/11/2010
15/11/2010
E09/1610
29/07/2009
WO09/826
05/11/2009
Gondwana Resources Ltd
Charlie Lapthorne and Others on behalf of the Thudgari People
03/11/2010
15/11/2010
E09/1611
29/07/2009
WO09/827
05/11/2009
Gondwana Resources Ltd
Charlie Lapthorne and Others on behalf of the Thudgari People
03/11/2010
15/11/2010
E08/1966
29/07/2009
WO09/834
05/11/2009
Gondwana Resources Ltd
Charlie Lapthorne and Others on behalf of the Thudgari People
03/11/2010
15/11/2010
E08/2049
26/02/2010
WO10/837
25/06/2010
Gondwana Resources Ltd
Wyamba Aboriginal Corporation
03/11/2010
15/11/2010
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