Ivy Hector on behalf of the Nidburru and Liyi Groups/Northern Territory/Ausquest Ltd

[2003] NNTTA 29

NATIONAL NATIVE TITLE TRIBUNAL

Ivy Hector on behalf of the Nidburru and Liyi Groups/Northern Territory/Ausquest Ltd, [2003] NNTTA 29 (13 February 2003)

Application No: DO02/89

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

-and-

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

Ivy Hector on behalf of the Nidburru and Liyi Groups – DC02/26 (native title party)

-and-

The Northern Territory of Australia (Government party)

-and-

Ausquest Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                   Hon C J Sumner, Deputy President
Place:  Darwin
Date:  13 February 2003

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

Legislation:Native Title Act 1993 (Cth) s 148(b).

Cases:Kathleen Parry & Others for the Wagiman, Ngangiwumeri, Malak Malak, and Kamu Peoples/Northern Territory/Troy Resources NL, [2003] NNTTA 18 (12 February 2003)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On the 29 May 2002, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence ELA23229 to Ausquest Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 30 September 2002, Ivy Hector on behalf of the Nidburru and Liyi Groups (‘the native title party’) made an expedited procedure objection application to the Tribunal.

Relevant Facts

1. On 9 October 2002, the Tribunal issued directions for the purposes of conducting an inquiry into the expedited procedure objection application.  These directions were in the standard form but allowed for an extended period beyond the usual 16 week period for negotiations before the filing of contentions and documents is required. This extension was approved by the Tribunal following the request for a wet season hiatus in all upcoming matters, made by the Northern Land Council on 10 September 2002. 

2. On 7 February 2002, Mr Mark Rumler, representing the native title party, advised the Tribunal that the Northern Land Council would not be filing contentions by the due date of 17 March 2003, and that they did not seek an extension of time within which to do so.  Mr Rumler further advised that should the Tribunal consider dismissing the objection the native title party did not seek to be heard.

3. On the same date, Ms Poppi Gatis, representing the Northern Territory, requested that in the light of Mr Rumler’s submission, the objection be dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth). Failing this course of action, Ms Gatis recommended that directions issued 9 October 2002 be amended to require native title party compliance prior to Government party compliance and that a clause be inserted dismissing the matter in the event of non-compliance.

4. On 10 February 2003 Mr Graeme Drew, representing the grantee party, advised that he was in agreement with the Government party’s dismissal request.

5. An objection application may be dismissed forthwith pursuant to s 148(b) of the Act for failure to comply with directions where a native title party has advised of its intention not to comply even though the date for compliance has not passed. (See cases cited in Kathleen Parry & Others for the Wagiman, Ngangiwumeri, Malak Malak, and Kamu Peoples/Northern Territory/Troy Resources NL, [2003] NNTTA 18 (12 February 2003) at [8]).

Decision

1. The native title party has informed the Tribunal that it does not intend to comply with the Tribunal’s direction to provide its contentions and documents by 17 March 2003 or at all. Accordingly the objection application in respect of exploration licence ELA23229 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
13 February 2003