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

[2011] NNTTA 101

NATIONAL NATIVE TITLE TRIBUNAL

Ike Simpson & Others on behalf of Wajarri Yamatji/Western Australia/Vale Australia EA Pty Ltd, [2011] NNTTA 101 (7 June 2011)

Application No:                  WO10/695

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-

Vale Australia EA Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:Hon C J Sumner, Deputy President

Place:Perth

Date of dismissal:              30 May 2011

Date of reasons:                7 June 2011

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection application – failure to comply with directions – springing order dismissing expedited procedure objection application in the 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 and Sea Council

Representative of the        

Government party:            Ms Ros Dawson, Department of Mines and Petroleum

Representative of the        

grantee party:  Ms Lynne O’Donnell, Vale Australia EA Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 27 January 2010, the government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licence E59/1631 to Vale Australia EA Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 25 May 2010, Ike Simpson & Others 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 March the native title party requested a two week extension to allow the grantee party’s lawyers to have a final look at the agreement and forwarding back to the native title party the same day.  On 21 April 2011, the native title party requested a variation to directions of six weeks to further facilitate negotiations.  On 27 April 2011 I approved the native title party’s request to amend directions and imposed a springing order automatically dismissing the objection under s 148 (b) of the Act in the event of non-compliance by the native title party by the due date, being 30 May 2011 (see Dixon v Northern Territory of Australia [2002] NNTTA 48; (2002) 169 FLR 103).

2. Neither contentions nor evidence have been received from the native title party on or before 30 May 2011 and no explanation has been 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 WO10/695.

Decision

1. Expedited procedure objection application WO10/695 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
7 June 2011