Malcolm Papertalk & Others on behalf of Mullewa Wadjari/Western Australia/Zetek Resources Pty Ltd

[2010] NNTTA 117

NATIONAL NATIVE TITLE TRIBUNAL

Malcolm Papertalk & Others on behalf of Mullewa Wadjari/Western Australia/Zetek Resources Pty Ltd, [2010] NNTTA 117 (3 August 2010)

Application No:                 WO09/1012

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-

Zetek Resources Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of decision:                22 July 2010
Date of reasons:                 3 August 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

Representative of the        

Government party:           Mr Greg Abbott, Department of Mines and Petroleum

Representative of the        

grantee party:                    Mr Eamon Cornelius, Western Tenement Services

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 E59/1603 to Zetek Resources 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 11 January 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 5 July 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. At a listing hearing on 22 July 2010 the grantee party advised that they would rely on the Government party’s contentions and evidence which were received by the Tribunal on 24 June 2010. The grantee party also 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 Government party. Mr Jerome Frewen, the native title party representative, requested a one week adjournment on the morning of the listing hearing due to his unavailability to attend and no application in relation to the native title party’s non-compliance with directions was made.

3. On 22 July 2010 I dismissed the objection application due to the native title party’s failure to comply with a direction of the Tribunal and no explanation for its failure to do so.  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) 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 WO09/1012 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
3 August 2010