Leonne Velickovic & Others on behalf of the Widji People/Western Australia/West River Pty Ltd

[2008] NNTTA 120

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic & Others on behalf of the Widji People/Western Australia/West River Pty Ltd, [2008] NNTTA 120 (28 August 2008)

Application Nos:                  WO08/336, WO08/337

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-

West River Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:                 18 August 2008
Date of reasons:                   28 August 2008

Catchwords:  Native title – future acts – proposed grant of exploration 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 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

Representative of the          

Government party:             Mr Greg Abbott, Department of Industry and Resources

Representative of the        

grantee party:  Mr Garry Billing, Gladiator Resources Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 26 March 2008, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences E15/1029 and E15/1030 (‘the proposed licences’) to West River Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. Proposed licence E15/1029 is located thirty kilometres east of Kambalda in the Shire of Coolgardie and is entirely overlapped by the registered native title claim of Ngadju (WC99/2 – registered from 3 March 1999) and overlapped 93.97 per cent by the registered native title claim of the Widji People (WC98/27 - registered from 15 June 1998).  Proposed licence E15/1030 is located thirty-seven kilometres east of Kambalda in the Shire of Coolgardie and is also entirely overlapped by the registered native title claim of Ngadju and overlapped 11.22 per cent by the registered native title claim of the Widji People.

3. On 20 March 2008, Leonne Velickovic on behalf of the Widji People (‘the native title party’) made expedited procedure objection applications to the Tribunal in relation to E15/1029 (WO08/336) and E15/1030 (WO08/337).

4. On 24 July 2008 Ollan Dimer and Others on behalf of the Ngadju People also made expedited procedure applications to the Tribunal in relation to the proposed licences E15/1029 (WO08/610) and E15/1030 (WO08/611).  The Ngadju People’s objections are still before the Tribunal.

Relevant facts

1. On 24 June 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 18 August 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.

2. The Tribunal observes that the proposed licences cannot be cleared for grant in relation to native title issues until the linked objections WO08/610 and WO08/611, relating to the Ngadju People, are finalised.

Decision

1. Expedited procedure objection applications WO08/336 and WO08/337 are dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President
28 August 2008