Malcolm Papertalk & Others on behalf of Mullewa Wadjari/Western Australia/Duketon Consolidated Pty Ltd

Case •

[2010] NNTTA 65

•

10 May 2010

NATIONAL NATIVE TITLE TRIBUNAL

Malcolm Papertalk & Others on behalf of Mullewa Wadjari/Western Australia/Duketon Consolidated Pty Ltd [2010] NNTTA 65 (10 May 2010)

Application No:                 WO09/1010

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

-and-

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

Malcolm Papertalk & Others on behalf of Mullewa Wadjari – WC96/93 (native title party)

-and-

The State of Western Australia (Government party)

-and-

Duketon Consolidated Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:               10 May 2010

Date of reasons:                 10 May 2010

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 Act1993 (Cth) ss 29, 148(b)

Cases:Robert Flanagan on behalf of the Mullewa Wadjari Community/Western Australia/ Geotech International Pty Ltd, NNTT WO07/828 [2008] NNTTA 41 (4 April 2008), Hon C J Sumner

Robert Flanagan (Mullewa Wadjari Community)/Western Australia/Buddadoo Metals Pty Ltd, NNTT WO07/829 [2008] NNTTA 46 (11 April 2008), John Sosso

Representative of the        

native title party:              Mr Jerome Frewen, Desert Management Pty Ltd

Representatives of the       Mr Greg Abbott, Department of Mines and Petroleum

Government party:           Mr Clyde Lannan, Department of Mines and Petroleum

Representative of the        

grantee party   Mr Michael Giles, South Boulder Mines Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

  1. On 4 November 2009, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licence E66/73 (‘the proposed licence’) to Duketon Consolidated Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  2. On 15 December 2009, Malcolm Papertalk & Others on behalf of Mullewa Wadjari – Native Title Claim No. WC96/93 registered on 19 August 1996 (‘the native title party’) made an expedited procedure objection application to the Tribunal in relation to the proposed licence.

Relevant facts

  1. The Tribunal made directions on 9 March 2010 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 15 April 2010. The directions contain a statement that the 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. The Government party has complied with directions and no submissions have been received from the native title party or the grantee party.

  3. The native title and grantee party representatives were unavailable for the listing hearing on 29 April 2010. The Government party foreshadowed a request to dismiss the objection pursuant to s 148(b) of the Act but was prepared to allow a one week adjournment to facilitate attendance by the native title party representative.

  4. The native title party representative was unavailable for the adjourned listing hearing on 6 May 2010. The Government party sought dismissal of the objection pursuant to s 148(b) of the Act on the basis of non-compliance with a direction of the Tribunal by the native title party. The request was supported by the grantee party. The native title party was given until close of business 7 May 2010 to respond to the dismissal request. No response has been received.

  5. I find that the native title party has failed to comply with a direction of the Tribunal and has provided no satisfactory explanation for its failure.  In making the decision to dismiss this application for non-compliance I adopt the Tribunal’s findings in Robert Flanagan on behalf of the Mullewa Wadjari Community/Western Australia/Geotech International Pty Ltd, NNTT WO07/828, [2008] NNTTA 41 (4 April 2008), Hon C J Sumner at [9]-[10] and Robert Flanagan (Mullewa Wadjari Community)/Western Australia/Buddadoo Metals Pty Ltd, NNTT WO07/829, [2008] NNTTA 46 (11 April 2008), John Sosso at [10]-[11].

Decision

  1. Expedited procedure objection application WO09/1010 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
10 May 2010

Actions
Download as PDF Download as Word Document