Evelyn Gilla & Ors on behalf of Yugunga-Nya /Western Australia/Reward Minerals Ltd

[2011] NNTTA 215

NATIONAL NATIVE TITLE TRIBUNAL

Evelyn Gilla & Ors on behalf of Yugunga-Nya /Western Australia/Reward Minerals Ltd, [2011] NNTTA 215 (21 December 2011)

Application Nos:              WO11/83, WO11/469

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

-and-

IN THE MATTER of an inquiry into expedited procedure objection applications

Evelyn Gilla & Ors on behalf of Yugunga-Nya (WC99/46) (native title party)

-and-

The State of Western Australia (Government party)

-and-

Reward Minerals Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            16 December 2011
Date of reasons:              21 December 2011

Catchwords:  Native title – future acts – proposed grant of prospecting licences – expedited procedure objection applications –failure to comply with directions – objection applications dismissed.

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

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

Representative of the        

native title party:               Ms Alissa Lovering, Yamatji Land & Sea Council

Representative of the        

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

Representative of the

grantee party:  Ms Diya Sequeira, Tenement Administration Services 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 prospecting licences P51/2600 and P51/2602 to Rewards Minerals 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, Evelyn Gilla & Ors on behalf of Yugunga-Nya, Native Title Claim No. WC99/46, registered on 12 June 2000 (the native title party) made expedited procedure objection applications to the Tribunal in relation to P51/2600 (WO11/83) and P51/2602 (WO11/469).

Relevant facts

1. On the dates specified in the attached schedule, the Tribunal made directions 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 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.

2. At a status conference on 3 August 2011, the native title party requested to proceed to inquiry.  Directions were amended on 9 August 2011 to allow time for the native title party to gather contentions and evidence.

3. At a Listing Hearing on 10 November 2011 the Government and grantee parties requested dismissal of the objections pursuant to s 148(b) of the Act following the failure of the native title party to comply with the Tribunal directions by 10 October 2011. The native title party was not in attendance but was aware of the dismissal request. I further observe that the Government party intends to offer the Regional Standard Heritage Agreement in these matters.

4. In Teelow v Page [2001] NNTTA 107; (2001) 166 FLR 266 (at [13]) the Tribunal (Member Sosso) set out the principles applicable when considering dismissal of an objection application under s 148(b) of the Act which I have had regard to in this matter. In particular, the Tribunal is required to proceed as expeditiously as possible when conducting an inquiry into an expedited procedure application. No satisfactory explanation has been offered for the failure to comply with the Tribunal directions and as a consequence I dismissed the objection application on 16 December 2011.

Decision

1. Expedited procedure objection applications WO11/83 and WO11/469 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
21 December 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
P51/2600	22/09/2010	WO11/83	24/01/2011	Rewards Minerals Ltd	Evelyn Gilla & Ors on behalf of Yugunga-Nya	9/02/2011
P51/2602	15/12/2010	WO11/469	12/04/2011	Rewards Minerals Ltd	Evelyn Gilla & Ors on behalf of Yugunga-Nya	09/05/2011