Evelyn Gilla & Ors on behalf of Yugunga-Nya/Western Australia/Glenn Griffin Venn Money

[2010] NNTTA 116

NATIONAL NATIVE TITLE TRIBUNAL

Evelyn Gilla & Ors on behalf of Yugunga-Nya/Western Australia/Glenn Griffin Venn Money, [2010] NNTTA 116 (3 August 2010)

Application No:        WO10/247

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

-and-

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

Evelyn Gilla & Ors on behalf of Yugunga-Nya (native title party)

-and-

The State of Western Australia (Government party)

-and-

Glen Griffin Venn Money (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            9 July 2010
Date of reasons:              3 August 2010

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection application – failure within a reasonable time to proceed with objection application – failure to comply with directions – objection application dismissed.

Legislation:Native Title Act1993 (Cth) ss 29, 148(b)

Cases:Evelyn Gilla & Ors on behalf of Yugunga-Nya; Albert Little & Others on behalf of Badimia/Western Australia/Richard Forbes Donald-Hill, NNTT WO10/242, WO10/243, [2010] NNTTA 104 (22 July 2010), Hon C J Sumner

Teelow v Page [2001] NNTTA 107; (2001) 166 FLR 266

Representative of the

native title party:              Ms Alissa Lovering, Yamatji Marlpa Aboriginal Corporation

Representative of the        

Government party:           Mr Greg Abbott, Department of Mines and Petroleum

Representative of the

grantee party:  Mr Eamon Cornelius, Western Tenement Services

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 21 October 2009, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of its intention to grant exploration licence E52/2440 (‘the proposed licence’) to Glenn Griffin Venn Money and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 21 February 2010, Evelyn Gilla and Others on behalf of Yugunga-Nya – native title claim no WC99/46, registered from 12 June 2000 (‘the native title party’) made an expedited procedure objection application to the Tribunal.

Relevant facts

1. The Tribunal made directions in relation to the objection on 9 March 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. The native title party was to provide a statement of contentions, documentary evidence and witness statements verified where possible by affidavits on or before 21 June 2010. The directions contain a statement that an objection may be dismissed pursuant to s 148(b) of the NTA if the objector fails within a reasonable time to proceed with the application or to comply with a direction of the Tribunal.

2. At an adjourned preliminary conference held on 13 April 2010, the representative for the grantee party requested that the matter proceed to inquiry on the basis that the grantee party was not willing to sign a Regional Standard Heritage Agreement (‘RSHA’) which included third party heritage providers, or to negotiate an alternative agreement with the native title party. 

3. The Government party has complied with directions and the grantee party has indicated that it will rely on those documents.  Neither contentions nor evidence has been received from the native title party.

4. At the listing hearing on 8 July 2010, the representative for the grantee party requested that the objection be dismissed for non-compliance with a direction of the Tribunal pursuant to s 148(b). The Government party supported this request. The Tribunal has recently considered an application for dismissal of a Yugunga-Nya objection pursuant to s 148(b) (see Evelyn Gilla & Ors on behalf of Yugunga-Nya; Albert Little & Others on behalf of Badimia/Western Australia/Richard Forbes Donald-Hill, NNTT WO10/242, WO10/243, [2010] NNTTA 104 (22 July 2010), Hon C J Sumner citing Teelow v Page [2001] NNTTA 107; (2001) 166 FLR 266 (at [13]) and other matters). I adopt my findings in that matter for the purposes of this inquiry. In this present case, I find that the native title party has failed within a reasonable time to proceed with its objection and to comply with the Tribunal’s directions having submitted no statements of contention or supporting evidence despite having been informed of the possible consequences of a failure to comply.

5. I further observe that the Government party intends to make a condition on grant, that the Yugunga-Nya will be provided with the option of requesting that the RSHA be executed by the grantee party should they wish to do so, and that the grantee party will be obligated to sign that agreement or breach the conditions of grant.  The condition should ensure that the native title party’s heritage concerns are ameliorated.

Decision

1. Expedited procedure objection application WO10/247 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
3 August 2010