Linda Champion on behalf of the Central West Goldfields People/Western Australia/International Goldfields Ltd

[2006] NNTTA 1

NATIONAL NATIVE TITLE TRIBUNAL

Linda Champion on behalf of the Central West Goldfields People/Western Australia/International Goldfields Ltd, [2006] NNTTA 1 (25 January 2006)

Application No:        WO05/96

IN THE MATTER of the Native Title Act 1993 (Cth)

-and-

IN THE MATTER of an inquiry into an expedited procedure objection application

Linda Champion on behalf of the Central West Goldfields People – WC99/29
(native title party)

-and-

The State of Western Australia (Government party)

-and-

International Goldfields Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            15 December 2005
Date of reasons:              25 January 2006

Catchwords:             Native title – future act – proposed grant of exploration licence – expedited procedure objection application – failure to comply with Directions – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(b)

Cases:Leonne Velickovic on behalf of Widji People/Western Australia/Cazaly Resources Limited, NNTT WO04/185 and WO04/198, [2005] NNTTA 4 (28 February 2005), Hon C J Sumner

Representative of the

native title party:               Ms Elizabeth Sambo

Representative of the

grantee party:  Mr Shannon McMahon, McMahon Mining Title Services Pty Ltd

Representative of the        

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 26 January 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E26/112 (‘the proposed licence’) to International Goldfields Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 23 March 2005, Linda Champion on behalf of the Central West Goldfields People – Native Title Claim No. WC99/29 registered 4 October 1999 (‘the native title party’) lodged an expedited procedure objection application in relation to the proposed licence.

3. The proposed licence comprises an area of 8.83 square kilometres, 29 kilometres south-easterly of Kalgoorlie in the City of Kalgoorlie-Boulder and is overlapped entirely by the registered native title claims of both the Central West Goldfields and Widji People.  No objection application was lodged by the Widji People prior to the closing date.  The native title claim of the Maduwongga People also overlaps the proposed licence by 61.36% but this group did not lodge an objection prior to the closing date and the claim has since been de-registered, depriving the Maduwongga People of procedural rights in relation to the proposed licence.

Relevant facts

1. The Tribunal made directions on 8 April 2005 for 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 26 September 2005. The directions contain a statement that an objection may be dismissed pursuant to s 148(b) of the Act if the objector fails within a reasonable time to proceed with the application or to comply with a direction of the Tribunal.

2. At an adjourned preliminary conference convened on 7 June 2005 the grantee party representative at that time, Mr Nathan McMahon, stated that the grantee had executed the Goldfields Regional Standard Heritage Agreement (‘RSHA’) which is considered by the Government party to be sufficient indication of the grantee’s positive attitude towards heritage protection.  The representative for the native title party, Ms Elizabeth Sambo, advised that the RSHA was not acceptable and on this basis parties agreed that the matter should be determined by the Tribunal according to the timetable set by the directions of 8 April 2005.

3. With the consent of all parties, directions for this matter were amended on 26 October 2005 in recognition of Ms Sambo’s then ill health, native title party compliance being required on or before 20 November 2005.

4. The Government party has complied with directions and I infer from the lack of submissions from the grantee party that it intends to rely on the Government party’s contentions.  No submissions from the native title party have been forthcoming to date.

5. On 15 December 2005 I convened a listing hearing at which the Government party supported by the grantee party made application to dismiss the objection application pursuant to s 148(b) of the Act on the basis of non-compliance with directions by the native title party. Ms Sambo was not in attendance and made no submissions prior to the hearing requesting additional time to comply, and has provided no explanation for the continued failure to comply.

6. It has been clear to the native title party since 7 June 2005 that there was no prospect of a mutually agreed outcome.  I find that the native title party has failed within a reasonable time to proceed with its objection and to comply with the Tribunal’s directions having submitted no statements of contention or supporting evidence despite having been informed of the possible consequences of a failure to comply.  The reasons provided in Leonne Velickovic on behalf of Widji People/Western Australia/Cazaly Resources Limited, NNTT WO04/185 and WO04/198, [2005] NNTTA 4 (28 February 2005), Hon C J Sumner (at [12]-[13]) can be applied to the Central West native title party and are applicable in this matter. I note that the native title party has an increasingly poor record of compliance with the Tribunal’s directions.

7. I also note for the record that the Government party has proposed an extra condition to be imposed on the grant of the proposed licence, requiring that the beneficial holder of the proposed licence, Cazaly Resources Ltd, if so requested by the Central West Goldfields People within ninety days of the grant of the proposed licence, shall within thirty days of the request execute the RSHA for the Goldfields region in favour of the Central West Goldfields People in respect of the area covered by the proposed licence.  If acted upon, this agreement should assist to ensure that sites of particular significance to the Central West Goldfields People are protected.

Decision

1. Expedited procedure objection application WO05/96 is dismissed pursuant to s 148(b) of the Native Title Act 1993.

Hon C J Sumner
Deputy President
25 January 2006