Leone Velickovic on behalf of Widji People/Western Australia/Philip Henry Buswell; Sammy Resources Ltd; Owen James Dalglish; Ian James Barney, Lindsay Stockdale; Jackson Gold Ltd

[2006] NNTTA 160

NATIONAL NATIVE TITLE TRIBUNAL

Leone Velickovic on behalf of Widji People/Western Australia/Philip Henry Buswell; Sammy Resources Ltd; Owen James Dalglish; Ian James Barney, Lindsay Stockdale; Jackson Gold Ltd, [2006] NNTTA 160 (19 December 2006)

Application Nos:       WO06/238, WO06/240, WO06/241, WO06/243, WO06/246

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

-and-

IN THE MATTER of an inquiry into expedited procedure objection applications

Leonne Velickovic & Others on behalf of the Widji People – WC98/27 (native title party)

-and-

The State of Western Australia (Government party)

-and-

Philip Henry Buswell (WO06/238)
Sammy Resources Ltd (WO06/240)
Owen James Dalglish (WO06/241)
Ian James Barney, Lindsay Stockdale (WO06/243)
Jackson Gold Ltd (WO06/246) (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:                19 December 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 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

1. 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.

2. 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

1. In each case the original directions made by the Tribunal were amended 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

1. 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

19 December 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

P16/2304; P16/2305; P16/2307	25-Sep-2006	WO06/238	13-Jun-2006	Philip Henry Buswell	23 June 2006	21 Nov 2006
P16/2322; P24/4008	7 June 2006	WO06/240	12-Jun-2006	Sammy Resources Ltd	26 June 2006	15 Nov 2006
P15/4783	9-Oct-2006	WO06/241	12-Jun-2006	Owen James Dalglish	23 June 2006	21 Nov 2006
P27/1677	12-Jun-2006	WO06/243	12-Jun-2006	Ian James Barney, Lindsay Stockdale	23 June 2006	21 Nov 2006
E27/331	12-Jun-2006	WO06/246	12-Jun-2006	Jackson Gold Ltd	23 June 2006	21 Nov 2006