Leo Thomas and Others on behalf of the Wongatha People/Western Australia/Leonora Metals Pty Ltd

[2000] NNTTA 242

NATIONAL NATIVE TITLE TRIBUNAL

Leo Thomas and Others on behalf of the Wongatha People/Western Australia/Leonora Metals Pty Ltd, [2000] NNTTA 242 (30 June 2000)

Application No: WO00/036

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

Leo Thomas and Others on behalf of the Wongatha People (native title party)

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The State of Western Australia (Government party)

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Leonora Metals Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       Hon CJ Sumner, Member
Place:             Perth
Date:              30 June 2000

Catchwords:             Native Title – future act – proposed grant of exploration licence – expedited procedure objection application – failure of native title party to comply with directions – objection application dismissed

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 6 October 1999, the Government party gave notice of its intention to grant exploration licence E39/823 to Leonora Metals Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.  On 7 February 2000, Leo Thomas and Others on behalf of the Wongatha People (‘the native title party’) made an expedited procedure objection application to the Tribunal.

2. The first preliminary conference to consider directions for an inquiry was convened on 1 May 2000.  The Tribunal set 15 May 2000 as the date by which the Government party was to comply with a direction to provide its statement of contentions and documents relevant to the inquiry.  The native title party was to provide its contentions and documents by 22 May 2000.  The Government party complied with the first direction by the specified time.  The native title party has not complied with the directions nor has it sought leave to extend the time for so doing.

3. At a listing hearing on 6 June 2000, which was not attended by the native title party, the grantee party made application to dismiss the objection pursuant to s 148(b) of the Native Title Act 1993 on the basis that the native title party had failed to comply with the Tribunal’s directions. This was confirmed by letter of 13 June 2000. At an adjourned listing hearing on 16 June 2000 neither the grantee or native title parties appeared and the matter was further adjourned to 23 June 2000. On 19 June 2000, the Tribunal sent a facsimile letter to the Goldfields Land Council (representing the native title party) which noted that the native title party had not complied with the Tribunal’s directions and advised that the Tribunal would consider the application by the grantee party to dismiss the objection at the adjourned listing hearing on 23 June 2000. On 20 June 2000, the Goldfields Land Council advised the Tribunal by telephone that it was unavailable for the adjourned listing hearing but was seeking instructions from the objector Mr Leo Thomas. The Goldfields Land Council has not informed the Tribunal if it has obtained the instructions nor made any further submissions to the Tribunal.

1. The objection application was made almost 5 months ago.  It is now over 5 weeks since the native title party was required to comply with the Tribunal’s directions and no reasonable excuse has been given for the failure to comply nor has leave been sought to extend the time for so doing.  The native title party has known since 13 June 2000 that the grantee party sought to have the objection application dismissed.  I consider that dismissal of the application is justified.

2. By way of additional comment, I note that the Tribunal has developed a user friendly system to enable parties to participate in most of its proceedings by telephone.  Unless there are exceptional circumstances the parties or their representatives should be able to make themselves available for hearings of a preliminary nature which are normally quite brief.

Decision

1. The expedited procedure objection application is dismissed pursuant to s 148(b) of the Native Title Act 1993.

The Hon. C.J. Sumner
Deputy President
30 June 2000