Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Robert Lawrence Hawke

[2007] NNTTA 55

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Robert Lawrence Hawke, [2007] NNTTA 55 (26 June 2007)

Application No:         WO07/90

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-

Robert Lawrence Hawke (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  26 June 2007

Catchwords:  Native title – future acts – proposed grant of prospecting licences – 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 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

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 Jan Mason, Department of Industry and Resources

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 31 January 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licence P15/4811 to Robert Lawrence Hawke (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 31 January 2007, Leonne Velickovic & Others on behalf of the Widji People – Native Title Claim No. 98/27 registered on the 15 June 1998 (‘the native title party’) made an expedited procedure objection application to the Tribunal

Relevant Facts

1. On 30 March 2007, the Tribunal made directions requiring all parties to produce contentions and evidence for the conduct of the inquiry into WO07/90 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 21 June 2007. 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 failed to comply by the due date.

Decision

1. The native title party has failed to comply with a direction by the Tribunal and accordingly the objection application is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
26 June 2007