Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Gladiator Resources Ltd

[2008] NNTTA 117

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Gladiator Resources Ltd, [2008] NNTTA 117 (25 August 2008)

Application No:                 WO08/338

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-

Gladiator Resources Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:               18 August 2008
Date of reasons:                 25 August 2008

Catchwords:  Native title – future act – proposed grant of exploration 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 Act1993 (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

Representative of the        

native title party:              Mr Jerome Frewen, Desert Management Pty Ltd

Representative of the        

Government party:           Mr Greg Abbott, Department of Industry and Resources

Representative of the        

grantee party:  Mr Garry Billing, Gladiator Resources Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 26 March 2008, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E15/1044 to Gladiator Resources Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. The proposed licence is located twenty-nine kilometres east of Kambalda in the Shire of Coolgardie and is entirely overlapped by the registered native title claim of Ngadju (WC99/2 – registered from 3 March 1999) and overlapped 97.99 per cent by the registered native title claim of the Widji People (WC98/27 - registered from 15 June 1998).

3. On 20 March 2008, Leonne Velickovic 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 in relation to the proposed licence (designated WO08/338).

4. On 24 July 2008 Ollan Dimer and Others on behalf of the Ngadju People also made an expedited procedure application to the Tribunal in relation to the proposed licence (designated WO08/607).  The Ngadju People’s objection is still before the Tribunal.

Relevant facts

1. On 26 May 2008 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 18 August 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 failed to comply by the due date.

2. The Tribunal observes that the proposed licence cannot be cleared for grant in relation to native title issues until the linked objection WO08/607, relating to the Ngadju People, is resolved or otherwise determined.

Decision

1. Expedited procedure objection application WO08/338 is dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President
25 August 2008