Leonne Velickovic on behalf of the Widji People/Western Australia/Avoca Resources Pty Ltd

[2006] NNTTA 93

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic on behalf of the Widji People/Western Australia/Avoca Resources Pty Ltd, [2006] NNTTA 93 (26 July 2006)

Application Nos:       WO05/375 & WO05/531

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 the Widji People – WC98/27 (native title party)

-and-

The State of Western Australia (Government party)

-and-

Avoca Resources Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            24 July 2006
Date of reasons:              26 July 2006

Catchwords:   Native title – future acts – proposed grant of exploration licences – expedited procedure objection application – 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) 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

Representative of the

grantee party:  Geoff Collis, Avoca Resources Pty Ltd

Representatives of the      

Government party:            Greg Abbott, Department of Industry and Resources

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 25 June 2005 and 10 August 2005 the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences E27/304 and E27/292 respectively to Avoca Resources Pty Ltd (‘the grantee party’) and included in each notice a statement that the Government party considered that the grants attracted the expedited procedure.

2. On 18 July 2005, Leonne Velickovic on behalf of the Widji People – Native Title Claim No. WC98/27 registered on 15 June 1998 – (‘the native title party’) lodged with the Tribunal an expedited procedure objection application in relation to E27/304 (designated WO05/375) and on 30 August 2005 in relation to E27/292 (designated WO05/531).

Relevant Facts

1. On 24 March 2006, at the grantee party request, directions were vacated in these matters as the grantee party was not able to progress either negotiations or the Tribunal’s inquiry processes whilst it negotiated with potential joint venture partners.  On 7 June 2006 the grantee party advised the Tribunal that it was now in a position to progress these matters and requested that directions be reinstated to allow the inquiry to proceed as agreement with the native title party was not possible. 

2. The native title party’s representative, Mr Jerome Frewen, was advised of the proposed date for native title party compliance on 7 June 2006 and invited to make submissions in relation to it. As none were received the Tribunal made directions on 14 June 2006 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 24 July 2006. 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 24 July 2006.  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 failed to comply by the due date.

Decision

1. Expedited procedure objection applications WO05/375 and WO05/531 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
26 July 2006