Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Perilya Daisy-Milano Pty Ltd
[2007] NNTTA 100
•3 December 2007
NATIONAL NATIVE TITLE TRIBUNAL
Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Perilya Daisy-Milano Pty Ltd, [2007] NNTTA 100 (3 December 2007)
Application Nos: WO07/494 WO07/495 WO07/496 WO07/497 WO07/498 WO07/499 WO07/500 WO07/501 WO07/502 WO07/503 WO07/504 WO07/505 WO07/506 WO07/507 WO07/508 WO07/509 WO07/550 WO07/551 WO07/552 WO07/553 WO07/554
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-
Perilya Daisy-Milano Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of decision: 26 November 2007
Date of reasons: 3 December 2007
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 Kevin Connell, Austwide Mining Title Management Pty Ltd
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On 20 June 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licences P26/3501, P26/3502, P26/3503, P26/3504, P26/3505, P26/3506, P26/3507, P26/3508, P26/3509, P26/3510, P26/3516, P26/3517, P26/3518, P26/3519, P26/3520 and P26/3521 to Perilya Daisy-Milano Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On 23 July 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: WO07/494 (P26/3501); WO07/495 (P26/3502); WO07/496 (P26/3503); WO07/497 (P26/3504); WO07/498 (P26/3505); WO07/499 (P26/3506); WO07/500 (P26/3507); WO07/501 (P26/3508); WO07/502 (P26/3509); WO07/503 (P26/3510); WO07/504 (P26/3516); WO07/505 (P26/3517); WO07/506 (P26/3518); WO07/507 (P26/3519); WO07/508 (P26/3520); WO07/509 (P26/3521).
On 4 July 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licences P26/3511, P26/3512, P26/3513, P26/3514 and P26/3515 to Perilya Daisy-Milano Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On 2 July 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: WO07/550 (P26/3511); WO07/551 (P26/3512); WO07/552 (P26/3513); WO07/553 (P26/3514); WO07/554 (P26/3515).
Relevant Facts
In each matter, the Tribunal made directions on 10 August 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 possibly by affidavits on or before the 26 November 2007. 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/Fredrick 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.
Decision
Expedited procedure objection applications WO07/494, WO07/495, WO07/496, WO07/497, WO07/498, WO07/499, WO07/500, WO07/501, WO07/502, WO07/503, WO07/504, WO07/505, WO07/506, WO07/507, WO07/508, WO07/509, WO07/550, WO07/551, WO07/552, WO07/553 and WO07/554 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
3 December 2007
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