Leonne Velickovic and Others on behalf of the Widji People/Western Australia/New Hampton Goldfields Ltd

[2008] NNTTA 49

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic and Others on behalf of the Widji People/Western Australia/New Hampton Goldfields Ltd, [2008] NNTTA 49 (17 April 2008)

Application No:  WO07/1307, WO07/1308, WO07/1309

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

-and-

IN THE MATTER of an inquiry into an 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-

New Hampton Goldfields Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Daniel O’Dea, Member
Place:  Perth
Date of dismissal:              14 April 2008
Date of reasons:                17 April 2008

Catchwords:              Native title – future acts – proposed grant of exploration licence – proposed grant of prospecting 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:  Kevin Connell, Austwide Mining Title Management Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 21 November 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E15/973 and prospecting licences P15/4968 and P15/4969 to New Hampton Goldfields Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 19 November 2007, Leonne Velickovic & Others on behalf of the Widji People – Native Title Claim No. WC98/27 registered 15 June 1998 – (‘the native title party’) made an expedited procedure objection application to the Tribunal.

Relevant Facts

1. On 3 January 2008 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 14 April 2008. The directions imposed a springing order which has the effect of immediately dismissing the objection application pursuant to s148(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 a springing order I adopted the Tribunal’s findings in Leonne Velickovic on behalf of the Widji People/Western Australia/Frederick Charles 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 WO07/1307, WO07/1308 and WO07/1309 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Daniel O’Dea
Member
17 April 2008