Jim Dimer on behalf of the Bullenbook People (WC96/64)/Western Australia/Phoenix (WA) Pty Ltd and Kingfisher Resources Pty Ltd
[2001] NNTTA 133
•22 November 2001
NATIONAL NATIVE TITLE TRIBUNAL
Jim Dimer on behalf of the Bullenbook People (WC96/64)/Western Australia/Phoenix (WA) Pty Ltd and Kingfisher Resources Pty Ltd, [2001] NNTTA 133 (22 November 2001)
Application No: WO01/45
IN THE MATTER of the Native Title Act 1993 (Cth)
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IN THE MATTER of an inquiry into an expedited procedure objection application
Jim Dimer on behalf of the Bullenbook People (WC96/64) (native title party)
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The State of Western Australia (Government party)
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Phoenix (WA) Pty Ltd and Kingfisher Resources Pty Ltd
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Hon CJ Sumner, Member
Place: Perth
Date: 22 November 2001
Catchwords: Native Title – future act – proposed grant of exploration licence –expedited procedure objection application – failure of native title party to comply with directions – objection application dismissed
Legislation:Native Title Act 1993 (Cth) s 148(b)
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On 24 January 2001, the Government party gave notice of its intention to grant exploration licence E74/288 to Phoenix (WA) Pty Ltd and Kingfisher Resources (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure. On 16 March 2001, Jim Dimer on behalf of the Bullenbook People (Claim No. WC96/64) (‘the native title party’) made an expedited procedure objection application to the Tribunal.
On 2 July 2001 the Tribunal made directions for the conduct of an inquiry. These required the Government party to comply by 27 September 2001, the native title party by 4 October 2001 and the grantee party by 11 October 2001.
On 19 July 2001 the Tribunal convened a Preliminary Conference. The native title party and grantee party did not attend and the Tribunal made no amendment to the directions made on 2 July 2001. On 26 September 2001 the Government party complied with the directions relating to it.
Only the Government party attended the first Listing Hearing on 16 October 2001 and adjourned Listing Hearing on 26 October 2001. On 25 October 2001, the native title party provided a statement of contentions but no documents or affidavits. Their solicitor (Ms Kathy Burns of the Goldfields Land Council) advised the Tribunal that she was still waiting instructions from her client. The contentions alone are an insufficient basis upon which to make a determination that the expedited procedure is not attracted.
Letters sent by the Tribunal to Kingfisher Resources Pty Ltd have been returned to sender and there has been no contact with them. Contact was made on behalf of Phoenix (WA) Pty Ltd on 25 October 2001 and the Tribunal was advised that no one was available to attend the Listing Hearing on 26 October 2001. There has been no contact with this company since that date.
On 26 October 2001, the Tribunal made further directions requiring the native title party to comply by 8 November 2001. On 8 November 2001 Ms Burns informed the Tribunal that she had been unable to contact her client to obtain affidavits and had written informing them that the objection may be dismissed.
At the adjourned Listing Hearing on 9 November 2001, Ms Burns informed the Tribunal that she had been unable to get an affidavit signed and had had no contact with the grantee party.
The native title party has still not complied with the directions made. The native title party has known since 2 July 2001 of the directions and has failed on two occasions to comply with them. They were put on notice of the possibility of dismissal if there was not compliance by 8 November 2001. No acceptable explanation of the failure to comply has been offered and in the circumstances dismissal of the objection is justified.
Decision
The expedited procedure objection application is dismissed pursuant to s 148(b) of the Native Title Act 1993.
The Hon. C.J. Sumner
Deputy President
22 November 2001
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