Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Andrew Donald Kay
[2008] NNTTA 65
•14 May 2008
NATIONAL NATIVE TITLE TRIBUNAL
Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Andrew Donald Kay, [2008] NNTTA 65 (14 May 2008)
Application No: WO07/1348
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 & Others on behalf of the Widji People – WC98/27 (native title party)
-and-
The State of Western Australia (Government party)
-and-
Andrew Donald Kay (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Daniel O’Dea, Member
Place: Perth
Date of dismissal: 12 May 2008
Date of reasons: 14 May 2008
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
Representatives of the Mr Jerome Frewen, Desert Management Pty Ltd
native title party: Ms Richardene Dangor, Desert Management Pty Ltd
Representatives of the Mr Greg Abbott, Department of Industry and Resources
Government party: Ms Jan Mason, Department of Industry and Resources
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On 5 December 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licence P15/5205 to Andrew Donald Kay (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 30 November 2007, Leonne Velickovic & Others on behalf of the Widji People – Native Title Claim No. WC98/27 registered on 15 June 1998 - (‘the native title party’) made an expedited procedure objection application to the Tribunal.
Relevant Facts
The Tribunal made directions on 15 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 possible by affidavits on or before 12 May 2008. 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 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/Frederick Saunders, NNTT WO05/564, [2006] NNTTA 76 (15 June 2006), Hon C J Sumner at [15] – [21]. The native title party has failed to comply by the due date.
Decision
Expedited procedure objection application WO07/1348 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Daniel O’Dea
Member
14 May 2008
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