Ike Simpson & Ors on behalf of Wajarri Yamatji/Western Australia/Montezuma Mining Co. Ltd

[2010] NNTTA 199

NATIONAL NATIVE TITLE TRIBUNAL

Ike Simpson & Ors on behalf of Wajarri Yamatji/Western Australia/Montezuma Mining Co. Ltd, [2010] NNTTA 199 (14 December 2010)

Application No:                WO10/735

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)

-and-

The State of Western Australia (Government party)

-and-

Montezuma Mining Co. Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            10 December 2010
Date of reasons:              14 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: Ike Simpson & Ors on behalf of Wajarri Yamatji/Western Australia/Swancove Enterprises Pty Ltd, NNTT WO10/800, [2010] NNTTA 191 (24 November 2010), Hon C J Sumner

Representative of the

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

Representative of the     

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

Representative of the
grantee party:                  Mr Michael Giles, Montezuma Mining Co. Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 10 February 2010, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licence E51/1398 to Montezuma Mining Co. Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 4 June 2010, Ike Simpson & Ors on behalf of Wajarri Yamatji – Native Title Claim No. WC04/10, registered from 5 December 2005 (‘the native title party’) made an expedited procedure objection application to the Tribunal.

Relevant facts

1. The Tribunal made directions on 5 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 9 November 2010. The Tribunal has previously considered an application for dismissal of a Wajarri Yamatji objection pursuant to s 148(b) (see Ike Simpson & Ors on behalf of Wajarri Yamatji/Western Australia/Swancove Enterprises Pty Ltd, NNTT WO10/800, [2010] NNTTA 191 (24 November 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 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.

2. I further observe that the Government party intends to make a condition on grant, that Wajarri Yamatji will be provided with the option of requesting that the Regional Standard Heritage Agreement 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 WO10/735 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President

14 December 2010