Leonne Velickovic & Others on behalf of the Widji People/Western Australia/New Hampton Goldfields Ltd, Platx Ltd

[2008] NNTTA 66

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic & Others on behalf of the Widji People/Western Australia/New Hampton Goldfields Ltd, Platx Ltd, [2008] NNTTA 66 (22 May 2008)

Application Nos:                    WO07/1067, WO07/1068

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-

New Hampton Goldfields Ltd (WO07/1067)
Platx Ltd (WO07/1068)
(grantee parties)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Daniel O'Dea
Place:  Perth
Date of dismissal:                 19 May 2008
Date of reasons:                   22 May 2008

Catchwords:   Native title – future acts – proposed grant of exploration 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 26 September 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences E15/972 to New Hampton Goldfields Ltd and E15/997 to Platx Ltd (‘the grantee parties’) 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 on 15 June 1998 - (‘the native title party’) made expedited procedure objection applications to the Tribunal, WO07/1067 and WO07/1068.

Relevant Facts

1. In each case the Tribunal made directions on 30 October 2007 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 19 May 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 WO07/1067 and WO07/1068 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Daniel O’Dea
Member
22 May 2008