Leonne Velickovic & Others on behalf of the Widji People/Western Australia/David Donald Boyer; Basil Robert O’Loughlin

[2008] NNTTA 36

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic & Others on behalf of the Widji People/Western Australia/David Donald Boyer; Basil Robert O’Loughlin, [2008] NNTTA 36 (26 March 2008)

Application Nos:                WO07/557, WO07/754

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-

David Donald Boyer (WO07/557)
Basil Robert O'Loughlin (WO07/754) (grantee parties)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:              25 March 2008
Date of reasons:                 26 March 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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 4 July 2007 and 1 August 2007 respectively, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licences P26/3463 to David Donald Boyer and P24/4227 to Basil Robert O'Loughlin (‘the grantee parties’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 2 July 2007 and 27 July 2007 respectively, Leonne Velickovic 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.

Relevant Facts

1. In relation to WO07/557 the Tribunal made directions on 22 February 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. Similar directions were made in relation to WO07/754 on 22 August 2007. The native title party was to provide a statement of contentions, documentary evidence and witness statements verified where possible by affidavits on or before 25 March 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 in each case failed to comply by the due date.

Decision

1. Expedited procedure objection applications WO07/557 and WO07/754 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
26 March 2008