Leonne Velickovic & Others on behalf of the Widji People/Western Australia/St Ives Gold Mining Co. Pty Ltd
[2008] NNTTA 133
•26 September 2008
NATIONAL NATIVE TITLE TRIBUNAL
Leonne Velickovic & Others on behalf of the Widji People/Western Australia/St Ives Gold Mining Co. Pty Ltd, [2008] NNTTA 133 (26 September 2008)
Application No: WO07/1572
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-
St Ives Gold Mining Co. Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of dismissal: 22 September 2008
Date of reasons: 26 September 2008
Catchwords: Native title – future act – proposed grant of exploration 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 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
Representatives of the Mr Greg Abbott, Department of Industry and Resources
Government party: Ms Violet Jacobs, Department of Industry and Resources
Representative of the
grantee party: Mr John Thevissen, Mincor Resources NL
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On 19 December 2007, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licence E15/988 to St Ives Gold Mining Co. Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
The proposed licence E15/988 is located eleven kilometres north-east of Widgiemooltha in the Shire of Coolgardie and is entirely overlapped by the registered native title claim of the Ngadju People (WC99/2 – registered from 28 September 2000) and the registered native title claim of the Widji People (WC98/27 - registered from 15 June 1998).
On 19 December 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 an expedited procedure objection application to the Tribunal.
On 16 April 2008 Ollan Dimer and Others on behalf of the Ngadju People also made an expedited procedure application to the Tribunal in relation to the proposed licence E15/988 (WO08/422). The Ngadju People’s objection was withdrawn on 15 July 2008 as an agreement between parties had been reached.
Relevant facts
On 11 August 2008 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. The native title party was to provide a statement of contentions, documentary evidence and witness statements verified where possible by affidavits on or before 22 September 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]. The native title party has failed to comply by the due date.
Decision
Expedited procedure objection application WO07/1572 is dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).
Hon C J Sumner
Deputy President
26 September 2008
0
1
0