Leo Thomas & Ors on behalf of the Wongatha People (WC99/1)/Western Australia/Mt Margaret Nickel Pty Ltd
[2000] NNTTA 59
•14 February 2000
NATIONAL NATIVE TITLE TRIBUNAL
Leo Thomas & Ors on behalf of the Wongatha People (WC99/1)/Western Australia/Mt Margaret Nickel Pty Ltd, [2000] NNTTA 59 (14 February 2000)
Application: WO99/345
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 & Ors on behalf of the Wongatha People (WC99/1) (native title party)
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The State of Western Australia (Government party)
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Mt Margaret Nickel Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal:Hon EM Franklyn QC, Deputy President.
Place:Perth
Date:14 February 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 before15 July 1999, the Government party gave notice of its intention to grant exploration licence application 37/583 to Mt Margaret Nickel Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 28 October 1999, Leo Thomas on behalf of the Wongatha People (‘the native title party’) made an objection to inclusion in an expedited procedure application to the Tribunal.
The first preliminary conference was convened on 24 November 1999. At that conference, the grantee party requested that the Tribunal set directions. The State consented to directions being set, and while the native title party did not consent, it did not oppose this course.
The Tribunal set directions to commence on 10 December 1999. in preparation for a formal hearing. The directions, or formal orders, included specific submission dates for each participating party. Each party must provide the Tribunal with its statement of contentions and documents relevant to the inquiry on or before the indicated submission date.
The State complied with the first direction. The native title party failed to submit contentions and documents on or before 17 December 1999 (the directed submission date) or at all, and failed to seek leave to extend the time for so doing. On 21 December 1999, the grantee party wrote to the Tribunal seeking a dismissal of this objection pursuant to s148(b) of the Native Title Act 1993. At the hearing on 25 January 2000 convened to consider dismissal for non compliance, the native title party failed to provide any reasonable excuse for such failure.
Decision
The applicant (native title party) has failed to comply with a direction by the Tribunal and accordingly 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
14th February 2000
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