David Stock & Ors on behalf of Nyiyaparli /Western Australia/Brockman Exploration Pty Ltd

[2011] NNTTA 174

NATIONAL NATIVE TITLE TRIBUNAL

David Stock & Ors on behalf of Nyiyaparli /Western Australia/Brockman Exploration Pty Ltd, [2011] NNTTA 174 (26 September 2011)

Application Nos:             WO10/1171, WO10/1593

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

-and-

IN THE MATTER of an inquiry into expedited procedure objection applications

David Stock & Ors on behalf of Nyiyaparli (WC05/6) (native title party)

-and-

The State of Western Australia (Government party)

-and-

Brockman Exploration Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            5 September 2011
Date of reasons:              26 September 2011

Catchwords: Native title – future acts – 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:             Ms Lea Notte, Yamatji Marpla Aboriginal Corporation

Representative of the      

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

Representative of the

grantee party:                 Mr Kevin Connell,  Austwide Mining Title Management Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On the dates specified on the attached schedule, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) (‘the Act’) of its intention to grant exploration licences E52/2376 and E46/921 to Brockman Exploration Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On the dates specified in the attached schedule, David Stock & Ors on behalf of Nyiyaparli – Native Title Claim No. WC05/6, registered on 29 November 2005 (‘the native title party’) made expedited procedure objection applications to the Tribunal in relation to E52/2376 (WO10/1171) and E46/921 (WO10/1593).

Relevant facts

1. At a status conference on 10 August 2011, the native title party representative advised that they had received a signed copy of the Regional Standard Heritage Agreement but, as the Karlka Nyiyaparli Aboriginal Corporation was under special administration, there was a delay in getting the agreement executed. Directions had been vacated on 12 May 2011 and the Government party requested that directions be reinstated with a springing order imposed. On 12 August 2011, I approved the Government party’s request to reinstate directions and 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 the native title party by the due date, 5 September 2011 (see Dixon v Northern Territory of Australia [2002] NNTTA 48; (2002) 169 FLR 103).

2. Neither contentions nor evidence were received from the native title party by the due date 5 September 2011 and the springing order has resulted in the dismissal of WO10/1171 and WO10/1593.

Decision

1. Expedited procedure objection applications WO10/1171 and WO10/1593 are dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President
26 September 2011

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS

Tenement No.	Date of Govt. Party Notification (s29 Notice)	Objection Application No.	Date Objection Application Lodged	Grantee Party	Native Title Party	Date Directions Made	Dismissal Date by operation of the springing order
E52/2376	05/05/2010	WO10/1171	03/09/2010	Brockman Exploration Pty Ltd	David Stock & Ors on behalf of Nyiyaparli	12/08/2011	05/09/2011
E46/921	25/08/2010	WO10/1593	30/11/2010	Brockman Exploration Pty Ltd	David Stock & Ors on behalf of Nyiyaparli	12/08/2011	05/09/2011