Leonne Velickovic and Others on behalf of the Widji People/Western Australia/Avoca Resources Ltd; Chalice Gold Mines Ltd

[2008] NNTTA 44

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic and Others on behalf of the Widji People/Western Australia/Avoca Resources Ltd; Chalice Gold Mines Ltd,  [2008] NNTTA 44 (10 April 2008)

Application Nos:                WO07/839, WO07/846, WO07/1212

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

-and-

IN THE MATTER of an inquiry into expedited procedure objection applications

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

-and-

The State of Western Australia (Government party)

-and-

Avoca Resources Ltd (WO07/839 & WO07/1212)
Chalice Gold Mines Ltd (WO07/846) (grantee parties)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Daniel O’Dea, Member
Place:  Perth
Date of dismissal:              7 April 2008
Date of reasons:                10 April 2008

Catchwords:              Native title – future acts – proposed grant of 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) ss 29, 148(b)

Cases: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

Representatives of the      Mr Jerome Frewen, Desert Management Pty Ltd

native title party:               Ms Richardene Dangor, Desert Management Pty Ltd

Representatives of the      Ms Jan Mason, Department of Industry and Resources

Government party:            Mr Greg Abbott, Department of Industry and Resources

Representative of the

grantee party:  Mr Geoff Collis, Avoca Resources Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On the following dates the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences as identified below and included in the notices a statement that it considered that the grants attracted the expedited procedure:

   ·15 August 2007 - E15/935 to Avoca Resources Ltd and E15/945 to Chalice Gold Mines Ltd

   ·24 October 2007 – E15/1003 to Avoca Resources Ltd

2. On the following dates, 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:

   ·28 August 2007 in relation to E15/935 (WO07/839) and E15/945 (WO07/846)

   ·29 October 2007 in relation to E15/1003 (WO07/1212)

Relevant facts

1. In relation to WO07/839 and WO07/846 the Tribunal made directions on 12 September 2007 requiring all parties to produce contentions and evidence for the conduct of the inquiry to determine whether or not the expedited procedure was attracted. Similar directions were made in relation to WO07/1212 on 20 March 2008. The native title party was to provide a statement of contentions, documentary evidence and witness statements verified where possible by affidavits on or before 7 April 2008. 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 due date.  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]. The native title party has in each case failed to comply by the due date.

Decision

1. Expedited procedure objection applications WO07/839, WO07/846 and WO07/1212 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Daniel O’Dea
Member
10 April 2008