Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Cybora Pty Ltd

[2008] NNTTA 25

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Cybora Pty Ltd, [2008] NNTTA 25 (20 February 2008)

Application Nos:                WO07/1056, WO07/1057

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

-and-

IN THE MATTER of an inquiry into 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-

Cybora Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of decision:                18 February 2008
Date of reasons:                20 February 2008

Catchwords:   Native title – future acts – proposed grant of 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

grantee party:  Mr Victor Tarabini

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 26 September 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licences P15/4806 and P15/4807 to Cybora Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 10 October 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 expedited procedure objection applications to the Tribunal.

Relevant Facts

1. On 21 November 2007 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 the 18 February 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

1. Expedited procedure objection applications WO07/1056 and WO07/1057 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
20 February 2008