Leonne Velickovic on behalf of the Widji People/Western Australia/Bryan Leslie Prime, Leonie Norma Prime

[2007] NNTTA 80

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic on behalf of the Widji People/Western Australia/Bryan Leslie Prime, Leonie Norma Prime, [2007] NNTTA 80 (13 September 2007)

Application No:         WO07/272

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

-and-

IN THE MATTER of an inquiry into an expedited procedure objection application

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

-and-

The State of Western Australia (Government party)

-and-

Bryan Leslie Prime, Leonie Norma Prime (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:              3 September 2007

Date of reasons:                13 September 2007

Catchwords:  Native title – future act – proposed grant of prospecting licence – expedited procedure objection application – failure to comply with directions – springing order dismissing expedited procedure objection application in event of non-compliance – objection application 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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 11 April 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licence P15/4791 to Bryan Leslie Prime and Leonie Norma Prime (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 11 April 2007, Leonne Velickovic & Others on behalf of the Widji People (‘the native title party’) made an expedited procedure objection application to the Tribunal.

Relevant Facts

1. On 12 June 2007, after being advised that there was no prospect of agreement between the native title and grantee parties which would lead to withdrawal of the objection, the Tribunal amended directions originally made on 3 May 2007 and required all parties to produce contentions and evidence for the conduct of the inquiry to determine whether or not the expedited procedure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 3 September 2007. The directions imposed a springing order which had the effect of immediately dismissing the objection application pursuant to s 148(b) of the Native Title Act if there was 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 failed to comply by the due date.

Decision

1. Expedited procedure objection application WO07/272 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
13 September 2007