Judy Hughes & Others on behalf of the Thalanyji People/Western Australia/Fineloop Holdings Pty Ltd

[2007] NNTTA 39

NATIONAL NATIVE TITLE TRIBUNAL

Judy Hughes & Others on behalf of the Thalanyji People/Western Australia/Fineloop Holdings Pty Ltd, [2007] NNTTA 39 (24 May 2007)

Application No:         WO06/374

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-

Fineloop Holdings Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:              9 January 2007
Date of reasons:                24 May 2007

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:  Daniel Matich, D & L Tenement Services

Representatives of the      Mr Greg Abbott, Department of Industry and Resources,

Government party:            Ms Jan Mason, Department of Industry and Resources

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 16 August 2006 the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E08/1635 (158km², one hundred and twenty two kilometres southerly of Onslow) to Fineloop Holdings Pty Ltd (‘the grantee party’) and included in the notice a statement that the Government party considered that the grant attracted the expedited procedure.

2. On 21 August 2006, Judy Hughes on behalf of the Thalanyji People – Native Title Claim No. WC99/45 filed on 9 November 1999 and registered on 7 February 2000 – (‘the native title party’) made an expedited procedure objection application to the Tribunal.

Relevant Facts

1. The Tribunal made directions on 16 October 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 9 January 2007. The directions 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 9 January 2007.  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

1. Expedited procedure objection application WO06/374 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President

24 May 2007