Ike Simpson & Others on behalf of Wajarri Yamatji/Western Australia/ Michael Terrence Leyland, Michael Ashley Giles

[2011] NNTTA 52

NATIONAL NATIVE TITLE TRIBUNAL

Ike Simpson & Others on behalf of Wajarri Yamatji/Western Australia/ Michael Terrence Leyland, Michael Ashley Giles, [2011] NNTTA 52 (22 March 2011)

Application No:                   WO10/1075

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 & Others on behalf of Wajarri Yamatji – WC04/10 (native title party)

-and- 

The State of Western Australia (Government party)

-and-

Michael Terrence Leyland, Michael Ashley Giles (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:                 10 January 2011
Date of reasons:                   22 March 2011

Catchwords:  Native title – future act – proposed grant of prospecting licence – expedited procedure objection application – failure to comply with directions – springing order dismissing expedited procedure objection application in event of non-compliance – objection application dismissed.

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

Cases:Dixon v Northern Territory of Australia [2002] NNTTA 48; (2002) 169 FLR 103

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:  Mr Michael Giles

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 7 April 2010, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licence P20/2137 to Michael Terrence Leyland, Michael Ashley Giles (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

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

Relevant facts

1. On 30 August 2010, the Tribunal made directions in the standard form for the provision of contentions and evidence for an inquiry into whether the expedited procedure is attracted.  These directions allowed a four month period from the closing date for objection to allow the parties to negotiate to see if the objection can be resolved by consent.

2. The native title party was originally required to comply with directions and provide its contentions and evidence by 6 December 2010.  These directions were amended for compliance by 10 January 2011.  A springing order was also imposed which automatically dismissed the objection if there was not compliance by the due date.  In imposing the springing order the Tribunal adopted the principle established in Dixon v Northern Territory of Australia [2002] NNTTA 48; (2002) 169 FLR 103 at [24]-[25]. The native title party did not comply by 10 January 2011 and the objection was dismissed, which the parties were informed of on 11 January 2011.

Decision

1. Expedited procedure objection application WO10/1075 is dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President
22 March 2011