Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Peter Romeo Gianni and Kim James Harris

[2008] NNTTA 88

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Peter Romeo Gianni and Kim James Harris, [2008] NNTTA 88 (8 July 2008)

Application Nos:      WO08/223, WO08/224, WO08/225, WO08/226, WO08/227, WO08/228, WO08/229, WO08/230, WO08/231, WO08/232

IN THE MATTER of the Native Title Act 1993 (Cth)

-and-

IN THE MATTER of an inquiry into expedited procedure objection applications

Leonne Velickovic and Others on behalf of the Widji People – WC98/27
(native title party)

-and-

The State of Western Australia (Government party)

-and-

Peter Romeo Gianni and Kim James Harris (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of decision:                7 July 2008
Date of reasons:                 8 July 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 Act1993 (Cth) ss 29, 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      Ms Violet Jacobs, Department of Industry and Resources

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

Representative of the

grantee party:  Mr Mike Lewis, Rubysands Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 13 February 2008, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licences P24/4339, P24/4340, P24/4341, P24/4342, P24/4343, P24/4344, P24/4345, P24/4346, P24/4347 and P24/4348 to Peter Romeo Gianni and Kim James Harris (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 11 February 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 applications to the Tribunal, designated WO08/223 to WO08/232 in relation to P24/4339 to P24/4348 respectively.

Relevant Facts

1. In each case the Tribunal made directions on 17 April 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 7 July 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 a springing order I adopted the Tribunal’s findings in Leonne Velickovic on behalf of the Widji People/Western Australia/Frederick Charles 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 WO08/223, WO08/224, WO08/225, WO08/226, WO08/227, WO08/228, WO08/229, WO08/230, WO08/231 and WO08/232 are dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President
8 July 2008