Judy Hughes & Others on behalf of the Thalanyji People/Western Australia/Contact Resources Ltd
[2006] NNTTA 163
•21 December 2006
NATIONAL NATIVE TITLE TRIBUNAL
Judy Hughes & Others on behalf of the Thalanyji People/Western Australia/Contact Resources Ltd, [2006] NNTTA 163 (21 December 2006)
Application No: WO06/239
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-
Contact Resources Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Deputy President, The Hon C J Sumner
Place: Perth
Date of Dismissal: 21 November 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 application in event of non-compliance - objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s 148(b)
Case: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 Karl Wolzak, Resource Mapping Pty Ltd
Representative of the
Government title party: Mr Greg Abbott, Department of Industry and Resources
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On 7 June 2006, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E08/1596 to Contact Resources Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 12 June 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
Directions were amended on 14 July 2006 to bring forward the time for compliance as no agreement between the native title party and grantee party, that would lead to the withdrawal of the objection, 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 6 November 2006. This date was amended to 21 November 2006 as a result of the Government party’s request on 27 October 2006 for extension of time to enable them to comply. 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]. The native title party failed to comply by the due date.
Decision
Expedited procedure objection application WO06/239 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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