Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Southern Gold Ltd
[2007] NNTTA 87
•10 October 2007
NATIONAL NATIVE TITLE TRIBUNAL
Leonne Velickovic & Others on behalf of the Widji People/Western Australia/Southern Gold Ltd, [2007] NNTTA 87 (10 October 2007)
Application No: WO07/314
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-
Southern Gold Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of dismissal: 17 September 2007
Date of reason: 10 October 2007
Catchwords: Native title – future act – proposed grant of prospecting licence - 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
Representative of the
grantee party: Mr Alf Valentine, Austwide Mining Title Management Pty Ltd
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
On the 25 April 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licence P25/1896 to Southern Gold Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 24 April 2007, Leonne Velickovic on behalf of the Widji People – Native Title Claim No. WC98/27 registered from 15 June 1998 – (‘the native title party’) made an expedited procedure objection application to the Tribunal.
Relevant Facts
On 16 May 2007 the Tribunal made directions requiring all parties to produce contentions and evidence for the conduct of the inquiry to determine whether or not the expedited procedure was attracted. These directions allowed a four month period of time from the objection closing date in which parties could negotiate with a view to securing withdrawal of the objection. On 26 June 2007 an adjourned preliminary conference was convened by the Tribunal at which the grantee party representative, Mr Alf Valentine, 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. The representative for the native title party, Mr Jerome Frewen, made no submissions to vary these dates. Accordingly on 30 July 2007 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 17 September 2007. The directions also impose 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 has failed to comply by the due date.
Decision
Expedited procedure objection application WO07/314 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
10 October 2007
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