Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Cazaly Resources Ltd, Proto Resources and Investments Ltd
[2008] NNTTA 55
•29 April 2008
NATIONAL NATIVE TITLE TRIBUNAL
Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Cazaly Resources Ltd, Proto Resources and Investments Ltd, [2008] NNTTA 55 (29 April 2008)
Application Nos: WO07/755, WO07/756, WO07/757, WO07/758, WO07/759, WO07/760, WO07/1050
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of an inquiry into an expedited procedure objection applications
Leonne Velickovic & Others on behalf of the Widji People – WC98/27 (native title party)
-and-
The State of Western Australia (Government party)
-and-
Cazaly Resources Ltd, Proto Resources and Investments Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Daniel O'Dea, Member
Place: Perth
Date of dismissal: 23 April 2008
Date of reasons: 29 April 2008
Catchwords: Native title – future acts – proposed grant of exploration and 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 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 Mr Shannon McMahon, McMahon Mining Title Services Pty
grantee Party: Ltd
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On the following dates the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant certain prospecting and exploration licences to Cazaly Resources Ltd and Proto Resources and Investments Ltd (‘the grantee party’) and included in the notices a statement that it considered that the grants attracted the expedited procedure:
1 August 2007 – prospecting licences P27/1691, P27/1692, P27/1693, P27/1823, P27/1824 and P27/1825; and
10 October 2007 - exploration licence E27/358.
On the following dates, 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 expedited procedure objection applications to the Tribunal:
27 July 2007, in relation to P27/1691 (WO07/755), P27/1692 (WO07/756), P27/1693 (WO07/757), P27/1823 (WO07/758), P27/1824 (WO07/759) and P27/1825 (WO07/760)
10 October 2007, in relation to E27/358 (WO07/1050)
Relevant Facts
On 4 April 2008 the Tribunal made directions in each matter 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 23 April 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/Frederick 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
Expedited procedure objection applications WO07/755, WO07/756, WO07/757, WO07/758, WO07/759, WO07/760 and WO07/1050 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth)
Daniel O'Dea
Member
29 April 2008
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