Leedham Papertalk & Others on behalf of the Mullewa Wadjari Community/Western Australia/Vale Australia EA Pty Ltd
[2010] NNTTA 44
•30 March 2010
NATIONAL NATIVE TITLE TRIBUNAL
Leedham Papertalk & Others on behalf of the Mullewa Wadjari Community/Western Australia/Vale Australia EA Pty Ltd, [2010] NNTTA 44. (30 March 2010)
Application No: WO09/556
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 and Others on behalf of Mullewa Wadjari Community – WC96/93 (native title party)
-and-
The State of Western Australia (Government party)
-and-
Vale Australia EA Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of dismissal: 26 March 2010
Date of reasons: 30 March 2010
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 Mr Noel Herley, Vale Australia EA Pty Ltd
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On 1 July 2009, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licence E59/1571 (‘the proposed licence’) to Vale Australia EA Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant 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 an expedited procedure objection application to the Tribunal in relation to the proposed licence.
Relevant facts
The Tribunal made directions on 1 September 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 2 March 2010. 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 no submissions have been received from the native title party or the grantee party.
The native title party representative was unavailable for the listing hearing on 18 March 2010 and had requested a one week adjournment prior to the hearing. The Government and grantee parties foreshadowed a request to dismiss the objection pursuant to s 148(b) of the Act but were prepared to allow the one week adjournment to facilitate attendance by the native title party representative.
At the listing hearing on 25 March 2010 the native title party requested that the directions be amended to require native title party compliance by 26 April 2010 on the grounds that ongoing Law Business since November 2009 had hindered the collection of evidence for the inquiry. 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. The request was supported by the grantee party.
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 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
Expedited procedure objection application WO09/556 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
30 March 2010
0
2
0