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

[2006] NNTTA 41

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic on behalf of the Widji People/Western Australia/Baracus Pty Ltd, [2006] NNTTA 41 (27 April 2006)

Application Nos:       WO05/819     WO05/822

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

-and-

IN THE MATTER of inquiries into expedited procedure objection applications

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

-and-

The State of Western Australia (Government party)

-and-

Baracus Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            27 April 2006

Catchwords:              Native title – future act – proposed grant of prospecting and exploration licences - expedited procedure objection applications – failure to comply with directions – objection applications dismissed.

Legislation:Native Title Act 1993 (Cth) 148(b)

Cases:Leonne Velickovic on behalf of Widji People/Western Australia/Cazaly Resources Limited, NNTT WO04/185 and WO04/198, [2005] NNTTA 4 (28 February 2005), Hon C J Sumner

Representative of the

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

Representative of the

grantee party:  Mr Matthew Clohessy, Emerald Tenement Services

Representatives of the      

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 16 November 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licence P26/3245 and exploration licence E24/135 (‘the proposed licences’) to Baracus Pty Ltd (‘the grantee party’) and included in the notice a statement that the Government party considered that the grant attracted the expedited procedure.

2. On 12 November 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 expedited procedure objection applications in relation to P26/3245 (WO05/819) and E24/135 (WO05/822) with the Tribunal.

Relevant Facts

1. On 6 December 2005 the Tribunal made directions for each objection 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 17 July 2005. The directions contain a statement that an objection may be dismissed pursuant to s 148(b) of the Act if the objector fails within a reasonable time to proceed with the application or to comply with a direction of the Tribunal.

2. The Tribunal was advised by the representative for the grantee party that agreement was not possible in these matters on 20 December 2005.  Accordingly on 3 February 2006 I amended the directions for the native title party to comply four weeks after the objection closing date (or four weeks after an Inquiry has been requested in circumstances where the closing date has passed).  This was in accordance with the Tribunal’s practice to bring compliance dates forward to eliminate the standard 16 week negotiating period in matters where it is clear that agreement cannot be reached (see Procedures under the Right to Negotiate Scheme – 27 January 2005 (paras 3.8.2, 3.9.3) website act/procedures and guidelines).   The amended directions required native title party compliance on or before 14 April 2006 and this direction has not been complied with.

3. On 27 April 2006 on application by the Government and grantee parties I dismissed the objection applications pursuant to s 148(b) of the Act on the basis of non-compliance with the Tribunal’s directions by the native title party for reasons similar to those given in Leonne Velickovic on behalf of Widji People/Western Australia/Cazaly Resources Limited, NNTT WO04/185 and WO04/198, [2005] NNTTA 4 (28 February 2005), Hon C J Sumner (at [12]-[13]). Mr Frewen did not attend the hearing, provided no reasons for his client’s non-compliance and made no application to extend the time for compliance.

Decision

1. Expedited procedure objection applications WO05/819 and WO05/822 are dismissed pursuant to s 148(b) of the Native Title Act 1993.

Hon C J Sumner
Deputy President

27 April 2006