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

[2006] NNTTA 113

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic on behalf of the Widji People/Western Australia/Hayes Mining Pty Ltd  [2006] NNTTA 113 (10 August 2006)

Application No:         WO06/94

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-

Hayes Mining Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            7 August 2006
Date of reasons:              10 August 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 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:  Mr Shannon McMahon, Mc Mahon 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 1 March 2006, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licence P24/3999 to Hayes Mining Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 2 March 2006, 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 with the Tribunal.

3. During the preliminary conference convened on 4 April 2006, the representative for the grantee party requested that the matter proceed to inquiry expeditiously as the grantee party was not willing to consider the Widji agreement and that dates for compliance be brought forward.

4. The native title party’s representative, Mr Jerome Frewen, was advised of the proposed amended date for native title compliance on 7 April 2006 and because no response was received in relation to the proposed amendment was invited on 6 July to make submissions in relation to it. As none were received, the Tribunal made directions on 14 July 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 7 August 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 7 August 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 WO06/94 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
10 August 2006