Leonne Velickovic on behalf of the Widji People/Western Australia/Hayes Mining Pty Ltd; International Goldfields Ltd; Jackson Gold Ltd

[2006] NNTTA 40

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic on behalf of the Widji People/Western Australia/Hayes Mining Pty Ltd; International Goldfields Ltd; Jackson Gold Ltd, [2006] NNTTA 40 (27 April 2006)

Application Nos:       WO05/442     WO05/618     WO05/817     WO05/820     WO05/821

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-

Hayes Mining Pty Ltd (grantee party) (WO05/817)

-and-

International Goldfields Ltd (grantee party) (WO05/618 and WO05/820)

-and-

Jackson Gold Ltd (grantee party) (WO05/442 and WO05/821)

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 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 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 APPLICATIONS

Background

1. The Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant the following prospecting licences and included in the notice a statement that the Government party considered that the grant attracted the expedited procedure:

• P27/1656, to Jackson Gold Ltd – notified 27 July 2005

• P27/1582, to International Goldfields – notified 21 September 2005

• P24/3950, to Hayes Mining Pty Ltd – notified 16 November 2005

• P26/3150, to International Goldfields Ltd – notified 16 November 2005

• P27/1642, to Jackson Gold Ltd – notified 16 November 2005

1. On the following dates 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 with the Tribunal:

• 1 August 2005 in relation to P27/1656 (WO05/442);

• 17 October 2005 in relation to P27/1582 (WO05/618); and

• 12 November 2005 in relation to P24/3950 (WO05/817), P26/3150 (WO05/820) and P27/1642 (WO05/821).

Relevant Facts

1. 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 the following dates:

• WO05/442 – Directions made 16 August 2005, native title party compliance 27 March 2006

• WO05/618 – Directions made 2 November 2005, native title party compliance 22 May 2006;

• WO05/817, WO05/820 and WO05/821 - Directions made 6 December 2005, native title party compliance17 July 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.

1. During adjourned preliminary conferences convened on 6 and 20 December 2005 the Tribunal was advised by the grantee parties that agreement was not possible in these matters. Accordingly 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 12 April in the case of WO05/442 and WO05/618 and 14 April 2006 for the balance of objections considered here.  Neither direction has been complied with.

2. 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 WO05/442, WO05/618, WO05/817, WO05/820 and WO05/821 are dismissed pursuant to s 148(b) of the Native Title Act 1993.

Hon C J Sumner
Deputy President

27 April 2006