Leedham Papertalk and Others on behalf of Mullewa Wadjari Community/Western Australia/Iluka Resources Limited
[2010] NNTTA 66
•17 May 2010
NATIONAL NATIVE TITLE TRIBUNAL
Leedham Papertalk and Others on behalf of Mullewa Wadjari Community/Western Australia/Iluka Resources Limited, [2010] NNTTA 66 (17 May 2010)
Application Nos: WO09/557, WO09/558
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of an inquiry into expedited procedure objection applications
Leedham Papertalk and Others on behalf of Mullewa Wadjari Community – WC96/93 (native title party)
-and-
The State of Western Australia (Government party)
-and-
Iluka Resources Limited (grantee party)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of dismissal: 13 May 2010
Date of reasons: 17 May 2010
Catchwords: Native title – future acts – proposed grant of exploration licences – expedited procedure objection applications – failure to comply with directions – objection applications dismissed.
Legislation:Native Title Act1993 (Cth) ss 29, 148(b)
Cases:Robert Flanagan on behalf of the Mullewa Wadjari Community/Western Australia/ Geotech International Pty Ltd, NNTT WO07/828 [2008] NNTTA 41 (4 April 2008), Hon C J Sumner
Robert Flanagan (Mullewa Wadjari Community)/Western Australia/Buddadoo Metals Pty Ltd, NNTT WO07/829 [2008] NNTTA 46 (11 April 2008), John Sosso
Representative of the
native title party: Mr Jerome Frewen, Desert Management Pty Ltd
Representative of the
Government party: Mr Greg Abbott, Department of Mines and Petroleum
Representatives of the Mr Nickolas Northcott, Iluka Resources Limited
grantee party Mr Michael Fechner, Iluka Resources Limited
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On 15 July 2009, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licences E70/3600 and E70/3601 to Iluka Resources Limited (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On 30 July 2009, Leedham Papertalk & Others on behalf of the Mullewa Wadjari Community - Native Title Claim No. WC96/93 registered on 19 August 1996 (‘the native title party’) made expedited procedure objection applications to the Tribunal in relation to the proposed licences.
Relevant facts
The Tribunal made directions on 9 March 2010 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 27 April 2010. The directions contain a statement that the objections may be dismissed pursuant to s 148(b) of the Act if the objector fails within a reasonable time to proceed with the application or to comply with a direction of the Tribunal.
The Government party has complied with directions and no submissions have been received from the native title party. The grantee party advised they are relying on the State’s submissions.
The native title party representative was unavailable for the listing hearing on 6 May 2010 during which time the Government and grantee parties requested to dismiss the objection applications pursuant to s 148(b) of the Act. The listing hearing was adjourned for one week to allow native title party participation.
At the listing hearing on 13 May 2010 the native title party representative requested that the directions be amended to require native title party compliance by 9 August 2010 to allow time to seek instructions and obtain evidence for the inquiry. The Government party reiterated dismissal of the objections pursuant to s 148(b) of the Act on the basis of non-compliance with a direction of the Tribunal by the native title party. The request was supported by the grantee party. On 13 May 2010 I dismissed the objection applications.
I find that the native title party has failed to comply with a direction of the Tribunal and has provided no satisfactory explanation for its failure. In making the decision to dismiss these applications for non-compliance I adopt the Tribunal’s findings in Robert Flanagan on behalf of the Mullewa Wadjari Community/Western Australia/Geotech International Pty Ltd, NNTT WO07/828, [2008] NNTTA 41 (4 April 2008), Hon C J Sumner at [9]-[10] and Robert Flanagan (Mullewa Wadjari Community)/Western Australia/Buddadoo Metals Pty Ltd, NNTT WO07/829, [2008] NNTTA 46 (11 April 2008), John Sosso at [10]-[11].
Decision
Expedited procedure objection applications WO09/557 and WO09/558 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
17 May 2010
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