Leonne Velickovic & Others on behalf of the Widji People/Western Australia/South Kal Mines Pty Ltd; Frederick Charles Saunders
[2008] NNTTA 73
•12 June 2008
NATIONAL NATIVE TITLE TRIBUNAL
Leonne Velickovic & Others on behalf of the Widji People/Western Australia/South Kal Mines Pty Ltd; Frederick Charles Saunders, [2008] NNTTA 73 (12 June 2008)
Application Nos: WO07/1047, WO07/1071
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 (WO07/1047)
Frederick Charles Saunders (WO07/1071) (grantee parties)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of dismissal: 3 June 2008
Date of reasons: 12 June 2008
Catchwords: Native title – future acts – proposed grant of exploration and 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
Representative of the
Government party: Mr Greg Abbott, Department of Industry and Resources
Representative of the
grantee parties Mr Kevin Connell, Austwide Mining Title Management Pty Ltd
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On 10 October 2007, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licence E15/984 to South Kal Mines Pty Ltd and prospecting licence P25/1961 to Frederick Charles Saunders (‘the grantee parties’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 10 October 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 (WO07/1047 in relation to E15/984 and WO07/1071 in relation to P25/1961).
Relevant Facts
In each case the Tribunal made directions on 30 October 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 possible by affidavits on or before 3 June 2008. 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/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 WO07/1047 and WO07/1071 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
12 June 2008
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