Leedham Papertalk & Others on behalf of the Mullewa Wadjari Community/Western Australia/Iron Mountain Mining Ltd
[2009] NNTTA 54
•29 May 2009
NATIONAL NATIVE TITLE TRIBUNAL
Leedham Papertalk & Others on behalf of the Mullewa Wadjari Community/Western Australia/Iron Mountain Mining Ltd, [2009] NNTTA 54 (29 May 2009)
Application No: WO08/620
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of an inquiry into an expedited procedure objection application
Leedham Papertalk & Others on behalf of the Mullewa Wadjari Community – WC96/93 (native title party)
-and-
The State of Western Australia (Government party)
-and-
Iron Mountain Mining Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Graeme Neate, President
Place: Brisbane
Date of dismissal: 21 May 2009
Date of reasons: 29 May 2009
Catchwords: Native title – future act – proposed grant of exploration licence – expedited procedure objection application – failure to comply with directions – objection application 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
Representatives of the Mr Greg Abbott, Department of Mines and Petroleum
Government party: Ms Claire Malavaux, Department of Mines and Petroleum
Representative of the
grantee party Ms Sherry Hingston, Iron Mountain Mining Ltd
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
On 30 July 2008, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licence E59/1457 (‘the proposed licence’) to Iron Mountain Mining Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
The proposed licence is located nine kilometres westerly of Yalgoo in the Shire of Yalgoo and is entirely overlapped by the registered native title claim of the Mullewa Wadjari Community (WC96/93 – registered from 19 August 1996) and overlapped 0.33 per cent by the registered claim of the Wajarri Yamatji People (WC04/10 - registered from 15 December 2005).
On 29 July 2008, Leedham Papertalk & Others on behalf of the Mullewa Wadjari Community (‘the native title party’) made an expedited procedure objection application to the Tribunal.
On 1 December 2008, Ike Simpson & Others on behalf of the Wajarri Yamatji People also made an expedited procedure objection application to the Tribunal in relation to the proposed licence (WO08/1075). The Wajarri Yamatji People’s objection was withdrawn on 15 May 2009.
Relevant facts
The Tribunal made directions on 4 March 2009 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 11 May 2009. The directions contain a statement that the objection 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 the grantee party has provided a short statement as to its intentions and advises that it will rely on the Government party’s contentions. No submissions have been received from the native title party.
At the Listing Hearing on 21 May 2009 the native title party requested the matter be adjourned until after a claim meeting, with directions to be amended to require native title party compliance by 8 June 2009. The Government party sought dismissal of the objection 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. This request was supported by the grantee party.
I find that the Mullewa Wadjari 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 this application 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) 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
The applicant (native title party) has failed to comply with a direction of the Tribunal and accordingly the objection application WO08/620 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Graeme Neate
President
29 May 2009
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