Leonne Velickovic & Others on behalf of the Widji People/Western Australia/South Kal Mines Pty Ltd/New Hampton Goldfields Ltd
[2008] NNTTA 6
•18 January 2008
NATIONAL NATIVE TITLE TRIBUNAL
Leonne Velickovic & Others on behalf of the Widji People/Western Australia/South Kal Mines Pty Ltd/New Hampton Goldfields Ltd, [2008] NNTTA 6 (18 January 2008)
Application Nos: WO07/728, WO07/729, WO07/762, WO07/763, WO07/764 WO07/765, WO07/766, WO07/767, WO07/768
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of an inquiry into an 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 (WO07/728 – WO07/729, WO07/764 – WO07/768)
New Hampton Goldfields Ltd (WO07/762 – WO07/763) (grantee parties)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: The Hon C J Sumner, Deputy President
Place: Perth
Date of dismissal: 7 January 2008
Date of reasons: 18 January 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 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
Representatives of the Mr Jerome Frewen, Desert Management Pty Ltd
native title party: Ms Richardene Dangor, 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 parties: Mr Kevin Connell, Austwide Mining Title Management Pty Ltd
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On 1 August 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licences P15/5122, P15/5124, P15/5125, P15/5126, P15/5127, P15/5128 and P15/5129 to South Kal Mines Pty Ltd and P15/5123 and P26/3466 to New Hampton Goldfields Ltd (‘the grantee parties’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On 27 July 2007, Leonne Velickovic 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 – WO07/728 (P15/5122), WO07/729 (P15/5124), WO07/762 (P15/5123), WO07/763 (P26/3466), WO07/764 (P15/5125), WO07/765 (P15/5126), WO07/766 (P15/5127), WO07/767 (P15/5128) and WO07/768 (P15/5129).
Relevant Facts
The Tribunal made directions on 16 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 07 January 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 WO07/728, WO07/729, WO07/762, WO07/763, WO07/764, WO07/765, WO07/766, WO07/767 and WO07/768 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
18 January 2008
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