George King on behalf of the Yingawunarri and Narlwan Peoples/Northern Territory/Ausquest Ltd

[2003] NNTTA 15

NATIONAL NATIVE TITLE TRIBUNAL

George King on behalf of the Yingawunarri and Narlwan Peoples/Northern Territory/Ausquest Ltd, [2003] NNTTA 15 (11 February 2003)

Application No: DO02/93

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

-and-

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

George King on behalf of the Yingawunarri and Narlwan Peoples – DC01/33 (native title party)

-and-

The Northern Territory of Australia (Government party)

-and-

Ausquest Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                   Hon CJ Sumner, Deputy President
Place:  Darwin
Date:  11 February 2003

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 Act 1993 (Cth) s148(b).

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On the 12 June 2002, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence ELA23232 to Ausquest Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

1. On 14 October 2002, George King on behalf of the Yingawunarri and Narlwan Peoples (‘the native title party’) made an expedited procedure objection application to the Tribunal.

Relevant Facts

1. On 18 October 2002, the Tribunal issued directions for the purposes of conducting an inquiry into the expedited procedure objection application.  These directions were in the standard form which allows for a 16 week period of negotiations to see if agreement can be reached between the parties on the grant of the tenement before the filing of contentions and documents in required.  The standard directions require the Government party to provide its contentions and documents before the native title party.

1. On 11 November 2002 a Preliminary Conference was convened at which stage no application was made to vary dates for compliance.  Mr Mark Rumler of the Northern Land Council did however request that the date of the Status Conference be changed to allow for the shortage of Northern Land Council staff during January 2003.  No party opposed this request and I accordingly approved it.

1. On 30 January 2003 a Status Conference was convened during which Mr Matthew Storey, solicitor for the Northern Territory, requested a reversal to directions with regard to Government and native title party compliance. Mr Storey further requested a clause be inserted in the directions stating that the matter be dismissed under s 148(b) of the Native Title Act 1993 (Cth) should the native title party not comply by the due date. Mr John Hughes, for the native title party, indicated that the Northern Land Council would not comply with the directions and accordingly did not oppose the request. The grantee party did not oppose the request and I issued new directions reversing the order of compliance. The amendment required the native title party to submit contentions and documents on or before 3 February 2003, (Direction 2) and those of the Government party on or before 10 February 2003.

1. I further directed:

‘If the native title party has not complied with Direction (2) by close of business 3 February 2003, the expedited procedure objection application shall be dismissed pursuant to section 148(b) of the Native Title Act 1993 (Cwth).’

The native title party did not comply with the amended directions and the ‘springing’ or ‘guillotine’ direction was self executing.  Accordingly the objection was dismissed at the close of business on 3 February 2003. 

1. For completeness sake I note that on 7 February 2003 the Tribunal received the following advice from Mr Mark Rumler of the Northern Land Council:

‘ … I confirm the advice given at the status conference that in relation to DO 02/93 the Native Title Party will not be filing contentions by the due date, that it does not seek an extension of time within which to file its contentions ….

…. Should the Tribunal consider dismissing the Objections, the Native Title Party does not seek to be heard.’

Decision

1. The expedited procedure objection application in respect of exploration licence ELA23232 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
11 February 2003