Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Siberia Mining Corporation Pty Ltd; Polymetals (WA) Pty Ltd
[2008] NNTTA 165
•19 December 2008
NATIONAL NATIVE TITLE TRIBUNAL
Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Siberia Mining Corporation Pty Ltd; Polymetals (WA) Pty Ltd, [2008] NNTTA 165 (19 December 2008)
Application Nos: WO08/440, WO08/441
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of inquiries 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-
Siberia Mining Corporation Pty Ltd (grantee party) (WO08/440)
Polymetals (WA) Pty Ltd (WO08/441) (grantee parties)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of decision: 15 December 2008
Date of reasons: 19 December 2008
Catchwords: Native title – future act – proposed grant of exploration licence and prospecting licence – 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
Representative of the
Government party: Mr Greg Abbott, Department of Industry and Resources
Representatives of the Ms Grace Tan, Central Tenement Services (WO08/440)
grantee party: Mr Kevin Connell, Austwide Mining Title Management Pty Ltd (WO08/441)
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On 23 April 2008, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licence E29/657 to Siberia Mining Corporation Pty Ltd and prospecting licence P25/2003 to Polymetals (WA) Pty Ltd (‘the grantee parties’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On 21 April 2008, 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 E29/657 (WO08/440) and P25/2003 (WO08/441).
Relevant facts
The Tribunal made directions on 9 May 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 15 December 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 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]. In both objection applications WO08/440 and WO08/441, the native title party has failed to comply by the due date.
Decision
Expedited procedure objection applications WO08/440 and WO08/441 are dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).
Hon C J Sumner
Deputy President
19 December 2008
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