Leonne Velickovic & Others on behalf of the Widji People/Western Australia/South Kal Mines Pty Ltd
[2007] NNTTA 94
•02 November 2007
NATIONAL NATIVE TITLE TRIBUNAL
Leonne Velickovic & Others on behalf of the Widji People/Western Australia/South Kal Mines Pty Ltd, [2007] NNTTA 94 (02 November 2007)
Application Nos: WO07/413 WO07/414 WO07/415 WO07/416 WO07/417 WO07/418 WO07/419
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-
South Kal Mines Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of dismissal: 29 October 2007
Date of reasons: 02 November 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
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
Representative of the
grantee party: Mr Kevin Connell, Austwide Mining Title Management Pty Ltd
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On the date specified in the schedule, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant certain prospecting licences to South Kal Mines Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On 6 June 2007, Leonne Velickovic & Others on behalf of the Widji People – Native Title Claim No. WC98/27, registered from 15 June 1998 - (‘the native title party’) made expedited procedure objection applications to the Tribunal.
Relevant Facts
In each case the Tribunal made directions on the date specified in the attached schedule 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 the dates specified in the attached schedule. 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.
On 10 July 2007 a preliminary conference was convened by the Tribunal at which the grantee party representative, Mr Kevin Connell, indicated that the grantee party was not prepared to accept the alternative heritage agreement offered by the native title party and requested that directions be amended to facilitate an expeditious referral to the Tribunal’s inquiry process because no agreement was possible. This request was supported by the Government party. The representative for the native title party, Mr Jerome Frewen, opposed the grantee party’s request and sought a Directions Hearing before me.
On 10 August 2007 I convened a directions hearing at which the native title party representative was unavailable despite being advised of the date for the hearing on 24 July 2007. The Government party, supported by the grantee party, made application for directions of 26 June 2007 to be amended to hasten the dates for compliance and for a springing order to be imposed dismissing the objection applications in the event of non-compliance on the part of the native title party. Accordingly, and in the absence of submissions from Mr Frewen either prior to or during the directions hearing, I amended initial directions requiring the native title party to provide a statement of contentions, documentary evidence and witness statements verified where possible by affidavits on or before 29 October 2007. The amended directions also 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 date specified. 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
Expedited procedure objection applications specified in the schedule are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
02 November 2007
SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS
| Tenement No(s). | Date of Govt Party Notification (s 29 notice) | Objection Application No. | Date Objection Application Lodged | Grantee Party/ies | Date Directions Made | Dismissal Date by operation of the Springing Order |
| P26/3472 | 6 June 2007 | WO07/413 | 6 June 2007 | South Kal Mines Pty Ltd | 10 August 2007 | 29 October 2007 |
| P26/3473 | 6 June 2007 | WO07/414 | 6 June 2007 | South Kal Mines Pty Ltd | 10 August 2007 | 29 October 2007 |
| P26/3474 | 6 June 2007 | WO07/415 | 6 June 2007 | South Kal Mines Pty Ltd | 10 August 2007 | 29 October 2007 |
| P26/3475 | 6 June 2007 | WO07/416 | 6 June 2007 | South Kal Mines Pty Ltd | 10 August 2007 | 29 October 2007 |
| P26/3476 | 6 June 2007 | WO07/417 | 6 June 2007 | South Kal Mines Pty Ltd | 10 August 2007 | 29 October 2007 |
| P26/3477 | 6 June 2007 | WO07/418 | 6 June 2007 | South Kal Mines Pty Ltd | 10 August 2007 | 29 October 2007 |
| P26/3478 | 6 June 2007 | WO07/419 | 6 June 2007 | South Kal Mines Pty Ltd | 10 August 2007 | 29 October 2007 |
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