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

[2007] NNTTA 93

NATIONAL NATIVE TITLE TRIBUNAL  

Leonne Velickovic and Others on behalf of the Widji People/Western Australia/New Hampton Goldfields Ltd, [2007] NNTTA 93 (02 November 2007)

Application No:       WO07/395      WO07/396     WO07/397     WO07/398 WO07/399 WO07/400           WO07/401

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-

New Hampton Goldfields Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:                   Deputy President, Hon C J Sumner
Place:  Perth
Date of Dismissal:     29 October 2007
Date of Reasons:       02 November 2007

Catchwords:             Native title – future acts – proposed grant of prospecting licences – expedited procedure objection applications – failure to comply with Directions – objection applications dismissed.

Legislation:Native Title Act 1993 (Cth) s 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

Representative of the        

native title party:              Mr Jerome Frewen, Desert Management Pty Ltd

Representatives of the      Mr Greg Abbott, Department of Industry and Resources

Government party:           Ms Jan Mason, Department of Industry and Resources

Representative of the        

grantee party:                   Mr Kevin Connell, Austwide Mining Title Management Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On the date specified in the schedule, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant certain prospecting licences to New Hampton Goldfields Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 6 June 2007, Leonne Velickovic & Others on behalf of the Widji People – Native Title Claim No. WC98/27, registered from 15 June 1998 - (‘the native title party’) made expedited procedure objection applications to the Tribunal.

Relevant Facts

1. In each case the Tribunal made directions on the date specified in the attached schedule 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. The directions imposed a springing order which has the effect of immediately dismissing the objection applications pursuant to s 148(b) of the Native Title Act if there is non-compliance by close of business on the due date. 

2. On 10 July 2007 a preliminary conference was convened by the Tribunal at which the grantee party representative, Mr Kevin Connell, indicated that the grantee party was not prepared to accept the alternative heritage agreement offered by the native title party and requested that directions be amended to facilitate an expeditious referral to the Tribunal’s inquiry process because no agreement was possible. This request was supported by the Government party.  The representative for the native title party, Mr Jerome Frewen, opposed the grantee party’s request and sought a Directions Hearing before me. 

3. On 10 August 2007 I convened a directions hearing at which the native title party representative was unavailable despite being advised of the date for the hearing on 24 July 2007. The Government party, supported by the grantee party, made application for directions of 26 June 2007 to be amended to hasten the dates for compliance and for a springing order to be imposed dismissing the objection applications in the event of non-compliance on the part of the native title party. Accordingly, and in the absence of submissions from Mr Frewen either prior to or during the directions hearing, I amended initial directions requiring the native title party to provide a statement of contentions, documentary evidence and witness statements verified where possible by affidavits on or before 29 October 2007. The amended directions also 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]. The native title party has in each case failed to comply by the due date.

Decision

1. Expedited procedure objection applications specified in the schedule are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
02 November 2007

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS

Tenement No(s).	Date of Govt Party Notification (s 29 notice)	Objection Application No.	Date Objection Application Lodged	Grantee Party/ies	Date Directions Made	Dismissal Date by operation of the Springing Order
P26/3464	6 June 2007	WO07/395	6 June 2007	New Hampton Goldfields Ltd	10 August 2007	29 October 2007
P26/3465	6 June 2007	WO07/396	6 June 2007	New Hampton Goldfields Ltd	10 August 2007	29 October 2007
P26/3467	6 June 2007	WO07/397	6 June 2007	New Hampton Goldfields Ltd	10 August 2007	29 October 2007
P26/3468	6 June 2007	WO07/398	6 June 2007	New Hampton Goldfields Ltd	10 August 2007	29 October 2007
P26/3469	6 June 2007	WO07/399	6 June 2007	New Hampton Goldfields Ltd	10 August 2007	29 October 2007
P26/3470	6 June 2007	WO07/400	6 June 2007	New Hampton Goldfields Ltd	10 August 2007	29 October 2007
P26/3471	6 June 2007	WO07/401	6 June 2007	New Hampton Goldfields Ltd	10 August 2007	29 October 2007