Ike Simpson & Others on behalf of Wajarri Yamatji/Western Australia/Rosane Pty Ltd

[2011] NNTTA 113

NATIONAL NATIVE TITLE TRIBUNAL

Ike Simpson & Others on behalf of Wajarri Yamatji/Western Australia/Rosane Pty Ltd, [2011] NNTTA 113 (27 June 2011)

Application No:                 WO09/1065

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 (WC04/10) (native title party)

-and-

The State of Western Australia (Government party)

-and-

Rosane Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:              14 March 2011
Date of reasons:                 27 June 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

Representatives of the       

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

Representatives of the       

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

Representatives of the       

grantee party:  Mr Chris Clegg, Statewide Tenement & Advisory Services Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 26 August 2009, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of its intention to grant prospecting licence P20/2122 to Rosane Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 18 December 2009, 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. At a status conference on 2 February 2011 the native title party requested a four week extension to compliance of directions to allow time to produce contentions and evidence should the matter proceed to inquiry. On 10 February 2011 I approved the native title party’s request to amend directions and imposed a springing order which has the effect of immediately dismissing the objection application pursuant to s 148(b) of the Act in the event of non-compliance by the native title party by the due date, being 14 March 2011 (see Dixon v Northern Territory of Australia [2002] NNTTA 48; (2002) 169 FLR 103).

2. Neither contentions nor evidence were received from the native title party on or before 14 March 2011 and no explanation was offered for the failure to comply with the Tribunal’s directions despite the native title party having been informed of the possible consequences of a failure to comply. The springing order has resulted in dismissal of WO09/1065.

Decision

1. Expedited procedure objection application WO09/1065 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
27 June 2011