Judy Hughes on behalf of the Thalanyji People/Western Australia/Ashburton Redport Pty Ltd
[2006] NNTTA 166
•21 December 2006
NATIONAL NATIVE TITLE TRIBUNAL
Judy Hughes on behalf of the Thalanyji People/Western Australia/Ashburton Redport Pty Ltd, [2006] NNTTA 166 (21 December 2006)
Application No: WO06/362
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of an inquiry into an expedited procedure objection application
Judy Hughes & Others on behalf of the Thalanyji People – WC99/45 (native title party)
-and-
The State of Western Australia (Government party)
-and-
Ashburton Redport Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal:Hon C J Sumner, Deputy President
Place:Perth
Date of dismissal: 18 December 2006
Date of reasons: 21 December 2006
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 event of non-compliance – objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s 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
grantee party: Mr Daniel Matich, D & L Tenement Services
Representative of the
Government title party: Mr Greg Abbott, Department of Industry and Resources
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On 19 July 2006, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E08/1637 to Ashburton Redport Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 5 August 2006, Judy Hughes & Others on behalf of the Thalanyji People (WC99/45) (‘the native title party’) made an expedited procedure objection application to the Tribunal.
Relevant Facts
A preliminary conference was convened by the Tribunal on 12 September 2006, at which the representative for the grantee party, Mr Daniel Matich, indicated that the grantee party was not prepared to accept the alternative heritage agreement offered by the Thalanyji native title party.
As no agreement between the native title party and grantee party, which would lead to the withdrawal of the objection, was possible the grantee requested that directions be amended to bring forward the time for compliance and facilitate 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 18 December 2006. The amended directions also imposed a springing order which has the effect of immediately dismissing the objection application 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]. The native title party failed to comply by the due date.
Decision
Expedited procedure objection application WO06/362 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
21 December 2006
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