Ike Simpson & Ors on behalf of Wajarri Yamatji/ Western Australia/ Anthony Charles Wilton & Paul Murphy Tonkin

[2014] NNTTA 51

NATIONAL NATIVE TITLE TRIBUNAL

Ike Simpson & Ors on behalf of Wajarri Yamatji/ Western Australia/ Anthony Charles Wilton & Paul Murphy Tonkin [2014] NNTTA 51 (10 June 2014)

Application No:         WO2013/1212

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

-and-

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

Ike Simpson & Ors on behalf of Wajarri Yamatji -  (native title party)
(WC2004/010)

-and-

The State of Western Australia   (Government party)

-and-

Anthony Charles Wilton & Paul Murphy Tonkin  (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:  Member Helen Shurven
Place:  Perth
Date of dismissal:            10 June 2014
Date of reasons:              10 June 2014

Catchwords:   Native title – future act – proposed grant of exploration licence - expedited procedure objection application – failure to comply with directions – expedited procedure objection application dismissed.

Legislation:Native Title Act1993 (Cth), s 148(b)

Cases:Judy Hughes on behalf of Thalanji/Western Australia/Regent Resources Limited; Ochre Resources Ltd, NNTT WO05/41 and WO05/567, [2006] NNTTA 18 (23 February 2006), (‘Thalanji v Regent Resources Limited’)

Representatives

Native title party:              Ms Louise Keepa, Wajarri Yamatji

Government party:            Mr Matthew Smith, Department of Mines and Petroleum

Grantee party:                   Mr Paul Tonkin, Anthony Charles Wilton & Paul Murphy Tonkin

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Background

1. On 31 July 2013, the State of Western Australia (“the Government party”) gave notice under s 29 of the Native Title Act1993 (Cth) (“the Act”) of its intention to grant exploration licence P51/2833 (“the proposed tenement”) to Anthony Charles Wilton & Paul Murphy Tonkin (“the grantee party”) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 29 November 2013, Wajarri Yamatji (“the native title party”) lodged an expedited procedure objection application with the National Native Title Tribunal in relation to the notice about the proposed tenement.

Relevant facts

1. On 11 April 2014, direction dates were issued which set out that the native title party was required to provide contentions, supported by affidavits and any other documentary evidence, to the Tribunal and all other parties on or before 29 May 2014.

2. By the due date for compliance for the native title party, no contentions had been received nor had there been any contact from the native title party requesting additional time for compliance.

3. On 3 June 2014, the Department on Mines and Petroleum, for the Government party, wrote to the Tribunal indicating the grantee party had requested the expedited procedure objection application be dismissed under s 148(b) of the Act for failure of the native title party to comply with the Tribunal’s directions.

4. The Tribunal wrote to all parties on 3 June with the request to dismiss, and gave the native title party until 5 June 2014 to submit any reasons as to why they believed the objection application WO2013/1212 should not be dismissed. The native title party replied on 6 June 2014 that it had no comments regarding the proposed dismissal. As the native title party had not complied with the directions of the Tribunal, I dismissed the expedited procedure objection application on 10 June 2014.

5. In making the decision to dismiss this application for non-compliance, I adopt the approach taken by the Tribunal in Thalanyji v Regent Resources Limited, where the native title party had failed within a reasonable time to proceed with an application and had failed to comply with the Tribunal’s directions, having submitted no contentions or documentary evidence despite having been informed of the possible consequences of a failure to comply.

Decision

1. Expedited procedure objection application WO2013/1212 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Helen Shurven
Member