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

[2008] NNTTA 131

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic & Others on behalf of the Widji People/Western Australia/MPI Nickel Pty Ltd, [2008] NNTTA 131 (26 September 2008)

Application Nos:                 WO07/1210, WO07/1214, WO07/1215, WO07/1216, WO07/1217, WO07/1218

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-

MPI Nickel Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:Hon C J Sumner, Deputy President

Place:Perth

Date of dismissal:                15 September 2008

Date of reasons:                   26 September 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 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

Representatives of the        Mr Greg Abbott, Department of Industry and Resources

Government party:             Ms Violet Jacobs, Department of Industry and Resources

Representative of the

grantee party:  Mr Mark Davies, Norilsk Nickel Australia Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 24 October 2007, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licence E27/357 and prospecting licenses P27/1808, P27/1809, P27/1810, P27/1811 and P27/1813 to MPI Nickel Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 29 October 2007, 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 in relation to E27/357 (WO07/1210), P27/1808 (WO07/1214), P27/1809 (WO07/1215), P27/1810 (WO07/1216), P27/1811 (WO07/1217) and P27/1813 (WO07/1218).

Relevant facts

1. In all cases the Tribunal made directions on the 31 July 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. 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 15 September 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]. The native title party has in each case failed to comply by the due date.

Decision

1. Expedited procedure objection applications WO07/1210, WO07/1214, WO07/1215, WO07/1216, WO07/1217 and WO07/1218 are dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President
26 September 2008