Leonne Velickovic on behalf of the Widji People/Western Australia/George Juris Petersons & Rodney Benjamin Wilson

[2006] NNTTA 71

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic on behalf of the Widji People/Western Australia/George Juris Petersons & Rodney Benjamin Wilson, [2006] NNTTA 71 (9 June 2006)

Application No:         WO05/613

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

-and-

IN THE MATTER of an inquiry into expedited procedure objection application

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

-and-

The State of Western Australia (Government party)

-and-

George Juris Petersons & Rodney Benjamin Wilson  (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            9 June 2006

Catchwords:              Native title – future act – proposed grant of exploration licence - expedited procedure objection application – failure to comply with directions – objection application 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 George Petersons

Representatives of the      

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 21 September 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E26/79 (‘the proposed licence’) to George Juris Petersons and Rodney Benjamin Wilson (‘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 (designated WO05/613).

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 14 November 2005.  The grantee representative was advised of 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).  However, the grantee representative requested that compliance dates remain as originally set as he was unfamiliar with expedited procedure objection inquiries and required time to seek legal advice and prepare himself.  The Government and native title parties consented to this request and directions remained as originally set.

3. On 9 June 2006 on application by the Government and grantee parties I dismissed the objection application 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 application WO05/613 is dismissed pursuant to s 148(b) of the Native Title Act 1993.

Hon C J  Sumner
Deputy President

9 June 2006