Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Brian Robert Cahill

[2007] NNTTA 109

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Brian Robert Cahill, [2007] NNTTA 109 (14 December 2007)

Application Nos:                WO07/561

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

-and-

IN THE MATTER of an inquiry into 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-

Brian Robert Cahill (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of decision:                26 November 2007
Date of reasons:                14 December 2007

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

Representative of the

grantee party:  Mr Brian Robert Cahill

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 4 July 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licence P15/4853 to Mr Brian Robert Cahill (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 2 July 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

1. The Tribunal made directions on 10 August 2007 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 26 November 2007. 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/Fredrick 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

1. Expedited procedure objection application WO07/561 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
14 December 2007