Leone Velickovic on behalf of Widji People/Western Australia/Charles David McCormick and Others
[2006] NNTTA 137
•16 October 2006
NATIONAL NATIVE TITLE TRIBUNAL
Leone Velickovic on behalf of Widji People/Western Australia/Charles David McCormick and Others, [2006] NNTTA 137 (16 October 2006)
Application Nos: WO06/95, WO06/102, WO06/136, WO06/137, WO06/138, WO06/141, WO06/142, WO06/149, WO06/181, WO06/182
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of an inquiry into expedited procedure objection applications
Leonne Velickovic on behalf of Widji People – WC98/27 (native title party)
-and-
The State of Western Australia (Government party)
-and-
Charles David McCormick (WO06/137)
Siberia Mining Corporation (WO06/136)
Teakdale Nominees Pty Ltd (WO06/102)
Minex Resources Ltd (WO06/138, WO06/141)
Natural Intelligence Ltd, Yilgarn Gold Ltd (WO06/95)
Thomas Peter Vulhop (WO06/142)
Navarre Resources Pty Limited (WO06/149)
Kenneth John Hodges, Rodney Charles Hodges (WO06/181)
Ian James Barney (WO06/182) (grantee parties)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of dismissal: listed on the attached schedule
Date of reasons: 16 October 2006
Catchwords: Native title – future acts – proposed grant of prospecting and exploration licences – expedited procedure objection applications – failure to comply with directions – springing order dismissing expedited procedure objection applications in event of non-compliance – objection applications dismissed.
Legislation:Native Title Act 1993 (Cth) s 148(b)
Case:Leonne Velickovic on behalf of the Widji People/Western Australia/Frederick Saunders, NNTT WO05/564, [2006] NNTTA 76 (15 June 2006), Hon C J Sumner
Representative of the
native title party: Mr Jerome Frewen, Desert Management Pty Ltd
Representative of the
Government party: Mr Greg Abbott, Department of Industry and Resources
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On the dates specified in the attached schedule, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant certain prospecting and exploration licences to the grantee parties specified therein and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On the dates specified in the attached schedule, Leonne Velickovic on behalf of the Widji People – Native Title Claim No. WC98/27 registered on 15 June 1998 – (‘the native title party’) made expedited procedure objection applications to the Tribunal.
Relevant Facts
In each case the original directions made by the Tribunal were amended on the dates specified in the attached schedule to bring forward the time for compliance because no agreement between the native title party and grantee party, which would lead to the withdrawal of the objections, was possible and the grantee party requested an expeditious referral to the Tribunal’s inquiry process. The native title party’s representative, Mr Jerome Frewen, was advised of the proposed date for native title party compliance in each case and was invited to make submissions in relation to it. As none were received, the Tribunal made directions 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 the dates specified in the attached schedule. In each case the directions imposed a springing order which has the effect of immediately dismissing the objection application pursuant to s 148(b) of the Native Title Act if there is non-compliance by close of business on the date specified. In making the decision to impose the springing order I adopted the Tribunal’s findings in Leonne Velickovic on behalf of the Widji People/Western Australia/Frederick Saunders, NNTT WO05/564, [2006] NNTTA 76 (15 June 2006), Hon C J Sumner at [15] – [21]. In all cases, the native title party failed to comply by the due date.
Decision
The expedited procedure objection applications specified in the attached schedule are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
16 October 2006
| Tenement No(s). | Date of Govt Party Notification (s29 notice) | Objection Application No. | Date Objection Application Lodged | Grantee Party/ies | Date Directions Made | Dismissal Date by operation of the Springing Order |
| P26/3248 P26/3249 P26/3250 | 29 March 2006 | WO06/137 | 31 March 2006 | Charles David McCormick | 3 July 2006 | 21 August 2006 |
| E29/543 | 29 March 2006 | WO06/136 | 31 March 2006 | Siberia Mining Corporation Ltd | 25 May 2006 | 28 August 2006 |
| E26/119 | 1 March 2006 | WO06/102 | 5 March 2006 | Teakdale Nominees Pty Ltd (ACN113 310 213) | 4 August 2006 | 4 September2006 |
| P24/4006 P24/4007 | 29 March 2006 | WO06/138 | 31 March 2006 | Minex Resources Ltd | 14 July 2006 | 4 September 2006 |
| P15/4766 | 12 April 2006 | WO06/141 | 13 April 2006 | Minex Resources Ltd | 31 May 2006 | 11 September 2006 |
| P25/1519 P25/1520 P25/1521 | 1 March 2006 | WO06/95 | 2 March 2006 | Natural Intelligence Ltd , Yilgarn Gold Ltd | 1 August 2006 | 11 September 2006 |
| P25/1847 | 12 April 2006 | WO06/142 | 13 April 2006 | Thomas Peter Vulhop | 3 July 2006 | 12 September 2006 |
| E15/908 | 26 April 2006 | WO06/149 | 26 April 2006 | Navarre Resources Pty Limited | 25 July 2006 | 25 September 2006 |
| P27/1679 | 10 May 2006 | WO06/181 | 15 May 2006 | Kenneth John Hodges, Rodney Charles Hodges | 3 July 2006 | 9 October 2006 |
| P27/1678 | 10 May 2006 | WO06/182 | 15 May 2006 | Ian James Barney | 3 July 2006 | 9 October 2006 |
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