Judy Hughes and Others on behalf of the Thalanyji People/Western Australia/Brightflow Investments Pty Ltd
[2006] NNTTA 138
•16 October 2006
NATIONAL NATIVE TITLE TRIBUNAL
Judy Hughes and Others on behalf of the Thalanyji People/Western Australia/Brightflow Investments Pty Ltd, [2006] NNTTA 138 (16 October 2006)
Application Nos: WO06/129 and WO06/146
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of an inquiry into expedited procedure objection applications
Judy Hughes and Others on behalf of the Thalanyji People - WC99/45
(native title party)
-and-
The State of Western Australia (Government party)
-and-
Brightflow Investments Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of dismissals: 11 September 2006
Date of reasons: 16 October 2006
Catchwords: Native title – future acts – proposed grant of exploration licences – expedited procedure objection applications – failure to comply with directions – springing order dismissing expedited procedure objection applications in event of non-compliance – objection applications dismissed.
Legislation:Native Title Act 1993 (Cth) ss 29, 148(b)
Cases:Leonne Velickovic on behalf of the Widji People/Western Australia/Frederick Saunders, NNTT WO05/564, [2006] NNTTA 76 (15 June 2006), Hon C J Sumner
Representative of the
native title party: Mr Jerome Frewen, Desert Management Pty Ltd
Representative of the
Government party: Mr Greg Abbott, Department of Industry and Resources
Representative of the
grantee party: Mr Garry Billing
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On 15 March 2006 and 12 April 2006 respectively, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences E08/1608 and E08/1611 to Brightflow Investments Pty Ltd and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On 30 March 2006 (WO06/129 – E08/1608) and 24 April 2006 (WO06/146 – E08/1611), Judy Hughes and Others on behalf of the Thalanyji People – Native Title Claim No. WC99/45 registered on 7 February 2000 – (‘the native title party’) made expedited procedure objection applications to the Tribunal.
Relevant Facts
On 25 May 2006, the original directions were amended to bring forward the time for compliance because no agreement between the native title party and grantee party, which would lead to the withdrawal of the objections, was possible and the grantee party requested an expeditious referral to the Tribunal’s inquiry process. The native title party’s representative, Mr Jerome Frewen, was advised of the proposed date for native title party compliance and was invited to make submissions in relation to it. As none were received, the Tribunal made directions requiring all parties to produce contentions and evidence for the conduct of the inquiry to determine whether or not the expedited procedure was attracted. The native title party was to provide a statement of contentions, documentary evidence and witness statements verified where possible by affidavits on or before 11 September 2006. The directions imposed a springing order which has the effect of immediately dismissing the objection applications pursuant to s 148(b) of the Native Title Act if there is non-compliance by close of business on the date specified. In making the decision to impose the springing order I adopted the Tribunal’s findings in Leonne Velickovic on behalf of the Widji People/Western Australia/Frederick Saunders, NNTT WO05/564, [2006] NNTTA 76 (15 June 2006), Hon C J Sumner at [15] – [21]. In each case, the native title party failed to comply by the due date.
Decision
Expedited procedure objection applications WO06/129 and WO06/146 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
16 October 2006
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