Leonne Velickovic on behalf of the Widji People/Western Australia/Solomon (Australia) Pty Ltd

[2006] NNTTA 78

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic on behalf of the Widji People/Western Australia/Solomon (Australia) Pty Ltd, [2006] NNTTA 78 (15 June 2006)

Application No:        WO05/847

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-

Solomon (Australia) Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            1 June 2006
Date of reasons:              15 June 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 Brenton Parry

Representatives of the

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 30 November 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licence P26/3232 (71.74 hectares, 34 kilometres north-east of Kambalda) to Solomon (Australia) Pty 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 28 November 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 expedited procedure an objection applications with the Tribunal.

Relevant Facts

1. Directions for all parties to produce contentions and evidence for the conduct of the inquiry to determine whether or not the expedited procedure was attracted were originally made by the Tribunal on 13 December 2005 requiring the native title party to comply by 31 July 2006. Because no agreement between the native title party and grantee party leading to a withdrawal of the objection was possible in this matter, the dates for compliance were brought forward requiring the native title party to comply on or before 1 June 2006. The native title party’s representative Mr Jerome Frewen was initially advised of this date on 2 May 2006, and subsequently, but made no submissions in relation to it. The formal directions were made by the Tribunal on 25 May 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 1 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 WO05/847 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President

15 June 2006