Laurie Gowanulli (WC95/23)/Western Australia/James Bernard Kelly

[2000] NNTTA 161

NATIONAL NATIVE TITLE TRIBUNAL

Laurie Gowanulli (WC95/23)/Western Australia/James Bernard Kelly, [2000] NNTTA 161 (4 April 2000)

Application:   WO99/218

IN THE MATTER of the Native Title Act 1993 (Cth)

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IN THE MATTER of an inquiry into an expedited procedure objection application

Laurie Gowanulli (WC95/23) (native title party)

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The State of Western Australia (Government party)

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James Bernard Kelly (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:Hon EM Franklyn QC, Deputy President.

Place:Perth

Date:4^th April 2000

Catchwords:          Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of prospecting application –failure to comply with directions – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(b)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On or before 2 June 1999, the Government party gave notice of its intention to grant prospecting application 04/203 to James Bernard Kelly (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 4^th October 1999 Laurie Gowanulli (‘the native title party’) made an objection to that  inclusion in an expedited procedure objection application to the Tribunal.

A preliminary conference was convened by the Tribunal on 15 October 1999, at which parties indicated they intended to negotiate a site clearance agreement.  The conference was adjourned until 26 October 1999, at which time parties indicated that they were still negotiating an agreement.   At this conference, the Tribunal set directions, their operation to begin on 21^st December 1999, in preparation for a formal hearing.  The directions allowed for a long lead in time so that parties retained the opportunity to reach a negotiated outcome.

The directions included specific submission dates for each participating party with liberty to apply to vary the same.  Each party was obliged to provide the Tribunal with its statement of contentions and documents relevant to the inquiry on or before a specific submission date.  The native title party failed to submit contentions and documents on or before 11^th January 2000 as stipulated by the directions.  On 13^th January 2000 the native title party sought variation of the directions by way of an extension of time for compliance.  At a listing hearing convened on 18 January 2000, at which the Native Title Party was heard, the Tribunal extended the date for compliance until the adjourned listing hearing on 1^st February 2000 and adjourned the hearing to that date.  At that adjourned hearing the native title party had still not complied with the directions and had not sought leave to further extend the time to do so.  The native title party was unable to provide any reasonable excuse as to why it failed to comply with directions, or why the matter should not be dismissed for such failure.

Decision

The applicant (native title party) having failed to comply with the said directions of the Tribunal the objection application is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth) (as amended).

The Hon. E.M. Franklyn QC
Deputy President

4^th April 2000