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

[2008] NNTTA 89

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic on behalf of the Widji People/Western Australia/Malanti Pty Ltd, [2008] NNTTA 89 (9 July 2008)

Application Nos:             WO08/219, WO08/220, WO08/221, WO08/222

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

-and-

IN THE MATTER of an inquiry into expedited procedure objection applications

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

-and-

The State of Western Australia (Government party)

-and-

Malanti Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            4 July 2008          
Date of reasons:              9 July 2008

Catchwords:  Native title – future act – proposed grant of prospecting licences – expedited procedure objection applications – failure to comply with Directions – springing order dismissing expedited procedure objection applications in event of non-compliance - objection applications dismissed.

Legislation:Native Title Act1993 (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 Violet Jacobs, Department of Industry and Resources

Representative of the     

grantee party:                 Mr Eamon Cornelius, Western Tenement Services

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 13 February 2008, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licences P15/5068, P15/5069, P15/5070 and P15/5071 to Malanti Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 11 February 2008, Leonne Velickovic on behalf of the Widji People - Native Title Claim No. WC98/27 registered on 15 June 1998 - (‘the native title party’) made expedited procedure objection applications WO08/219 (P15/5068), WO08/220 (P15/5069), WO08/221 (P15/5070) and WO08/222 (P15/5071) to the Tribunal.

Relevant Facts

1. In each matter, the Tribunal made directions on 1 April 2008 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 possibly by affidavits on or before the 4 July 2008. The directions imposed a springing order which has the effect of immediately dismissing the objection applications pursuant to s 148(b) of the Native Title Act if there is 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/Fredrick Saunders, NNTT WO05/564, [2006] NNTTA 76 (15 June 2006), Hon C J Sumner at [15] – [21]. In each case the native title party has failed to comply by the due date.

Decision

1. Expedited procedure objection applications WO08/219, WO08/220, WO08/221 and WO08/222 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
9 July 2008