Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Charles David McCormick, Kenneth Raymond Maguire
[2008] NNTTA 13
•29 January 2008
NATIONAL NATIVE TITLE TRIBUNAL
Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Charles David McCormick, Kenneth Raymond Maguire, [2008] NNTTA 13 (29 January 2008)
Application No: WO07/854
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-
Charles David McCormick, Kenneth Raymond Maguire (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of decision: 21 January 2008
Date of reasons: 29 January 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
Representatives of the Mr Charles David McCormick
grantee party: Mr Kenneth Raymond Maguire
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On 29 August 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licence P15/5038 to Charles David McCormick and Kenneth Raymond Maguire (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 28 August 2007, Leonne Velickovic & Others on behalf of the Widji People – Native Title Claim no WC98/27, registered from 15 June 1998 (‘the native title party’) made an expedited procedure objection application to the Tribunal.
Relevant Facts
On 17 October 2007 the Tribunal made directions 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 21 January 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/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
Expedited procedure objection application WO07/854 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
29 January 2008
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