Evelyn Gilla & Others on behalf of Yugunga-Nya/Western Australia/Windy Knob Resources Ltd

[2010] NNTTA 214

NATIONAL NATIVE TITLE TRIBUNAL

Evelyn Gilla & Others on behalf of Yugunga-Nya/Western Australia/Windy Knob Resources Ltd, [2010] NNTTA 214 (20 December 2010)

Application No:         WO10/238

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 & Others on behalf of Yugunga-Nya (native title party)

-and-

The State of Western Australia (Government party)

-and-

Windy Knob Resources Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:              18 December 2010
Date of reasons:                20 December 2010

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure 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

Representative of the

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

Representative of the        

Government party:            Ms Ros Dawson, Department of Mines and Petroleum

Representative of the

grantee party:  Ms Sieu Vuong, McMahon Mining Title Services Pty Ltd

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 Act1993 (Cth) of its intention to grant exploration licence E51/1300 to Windy Knob Resources Ltd (‘the grantee party’) 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 on 1 October 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 13 December 2010. 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). 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.

Decision

1. Expedited procedure objection application WO10/238 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
20 December 2010