Judy Hughes & Others on behalf of the Thalanyji People/Western Australia/Baracus Pty Ltd
[2006] NNTTA 102
•3 August 2006
NATIONAL NATIVE TITLE TRIBUNAL
Judy Hughes & Others on behalf of the Thalanyji People/Western Australia/Baracus Pty Ltd, [2006] NNTTA 102 (3 August 2006)
Application No: WO06/59
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-
Baracus Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of dismissal: 31 July 2006
Date of reasons: 3 August 2006
Catchwords: Native title – future acts – proposed grant of exploration licences -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 Matthew Clohessy, Baracus Pty Ltd
Representative of the
Government party: Mr Greg Abbott, Department of Industry and Resources
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On 1 February 2006, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences E08/1538, E08/1539 and E08/1540 to Baracus Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 3 February 2006, 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’) lodged with the Tribunal an expedited procedure objection application.
Relevant Facts
On 10 March 2006, a Directions Hearing was convened at the native title party’s request following the preliminary conference at which the grantee party requested that the matter proceed to inquiry and that directions dates be brought forward to expedite the inquiry. I issued new directions bringing dates for compliance with directions forward in accordance with the Tribunal’s right to negotiate procedures when there is no prospect of agreement between parties. However, the Government failed to comply by its due date of 22 June 2006 necessitating a further amendment to directions.
The representative for native title party, Mr Jerome Frewen, was advised of the proposed further amended date for native title party compliance on 4 July 2006 and invited to make submissions in relation to it. As none were received the Tribunal made directions on 6 July 2006 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 31 July 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 31 July 2006. 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 WO06/59 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon CJ Sumner
Deputy President
3 August 2006
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