Leonne Velickovic on behalf of the Widji People/Western Australia/Bullion Minerals Ltd

[2006] NNTTA 88

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic on behalf of the Widji People/Western Australia/Bullion Minerals Ltd, [2006] NNTTA 88 (25 July 2006)

Application No:         WO05/614

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

-and-

The State of Western Australia (Government party)

-and-

Bullion Minerals Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            14 June 2006
Date of reasons:              25 July 2006

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) 148(b)

Cases:Leonne Velickovic on behalf of 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:  Mr Shannon McMahon, McMahon Mining Title Services Pty Ltd

Representatives of the      

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 16 September 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licence P15/849 (‘the proposed licence’) to Bullion Minerals 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 17 October 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 an expedited procedure objection application in relation to the proposed licence with the Tribunal.

Relevant Facts

1. On 2 November 2005 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 22 May 2006. 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 15 November 2005. Directions were not amended at the request of the grantee party and the matter was adjourned to a Listing Hearing on 8 June 2006. According to these directions the Government party was due to comply by 1 May 2006 but did not do so until 2 June 2006, which did not permit the native title party to meet its original compliance date. As a result a request was made by the Government party on 2 June 2006 for the native title party’s compliance date to be extended to 14 June 2006. The native title party’s representative Mr Jerome Frewen was advised of this date on 2 June 2006 and invited to make submissions in relation to it. As none were received, formal directions were made by the Tribunal on 9 June 2006. The directions 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 14 June 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 application WO05/614 is dismissed pursuant to s 148(b) of the Native Title Act 1993.

Hon C J Sumner
Deputy President

25 July 2006