Leo Thomas & Others on behalf of the Wongatha People (WC99/1)/Western Australia/Mount Edon Gold Mines (Aust) Ltd

[2000] NNTTA 171

NATIONAL NATIVE TITLE TRIBUNAL

Leo Thomas & Others on behalf of the Wongatha People (WC99/1)/Western Australia/Mount Edon Gold Mines (Aust) Ltd, [2000] NNTTA 171 (14 April 2000)

Application No:  WO99/482

IN THE MATTER of the Native Title Act 1993(Cth)

-and-

IN THE MATTER of an inquiry into an expedited procedure objection application

Leo Thomas & Others on behalf of the Wongatha People (WC99/1) (native title party)

-and-

The State of Western Australia (Government party)

-and-

Mount Edon Gold Mines (Aust) Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:Hon CJ Sumner, Member

Place:Perth

Date:14 April 2000

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

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 14 July 1999, the Government party gave notice of its intention to grant exploration licence E37/416 to Mount Edon Gold Mines (Aust) Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 10 November 1999, Leo Thomas and others on behalf of the Wongatha People (‘the native title party’) made an expedited procedure objection application to the Tribunal.

1. On 14 December 1999 the Tribunal made directions for the parties to provide documents and contentions relevant to the inquiry to the Tribunal and to each other.  The Government party was to comply by 23 February 2000 but did not do so until 9 March 2000.  The native title party was to comply by 1 March 2000 but still has not done so.  The grantee party advised the Tribunal that it intended to rely on the Government party’s contentions and documents.

The native title party did not attend a Listing Hearing on 15 March 2000. The native title party was informed on 15 March 2000, in writing, that the matter had been adjourned to enable them to comply with directions and that there was a possibility of the matter being dismissed for non-compliance under s 148(b) of the Native Title Act 1993 (Cth).

On 7 April 2000 at the adjourned Listing Hearing before me I accepted the Government and grantee parties' submission that the objection application should be dismissed for failure to comply with the Tribunal’s directions.

Decision

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

Hon CJ Sumner

Member

14 April 2000