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

[2006] NNTTA 103

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic on behalf of Widji People/Western Australia/Frontier Mining Pty Ltd, [2006] NNTTA 103 (3 August 2006)

Application No:        WO06/98

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-

Frontier Mining Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth

Date of dismissal:              31 July 2006
Date of reasons:                 3 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) 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

Representative of the

grantee party:  Mr Daniel Matich, Frontier Mining Pty Ltd

Representative 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 P26/3297 to Frontier 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 Widji People – Native Title Claim No. WC98/27 registered on 15 June 1998 – (‘the native title party’) lodged with the Tribunal an expedited procedure objection application in relation to tenement P26/3297.

Relevant Facts

1. On 16 May 2006, at the grantee party’s request, directions were brought forward in this matter as the grantee party was not able to progress negotiations and requested an expeditious referral to the Tribunal’s inquiry process.

2. The native title party’s representative, Mr Jerome Frewen, was advised of the proposed date for native title party compliance on 22 May 2006 and invited to make submissions in relation to it. As none were received, the Tribunal made directions on 31 May 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 31 July 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 31 July 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 WO06/98 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
3 August 2006