Mantjintjarra Ngalia #2 /Western Australia/Angus William Lacey

[2013] NNTTA 176

NATIONAL NATIVE TITLE TRIBUNAL

Mantjintjarra Ngalia #2 /Western Australia/Angus William Lacey [2013] NNTTA 176 (13 December 2013)

Application No:                WO2013/0084

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

-and-

IN THE MATTER of an inquiry into expedited procedure objection applications

Mantjintjarra Ngalia #2 (WC2006/006)   (native title party)

-and-

The State of Western Australia   (Government party)

-and-

Angus William Lacey   (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Member Helen Shurven
Place:  Perth
Date of dismissal:            9 December 2013
Date of reasons:              13 December 2013

Catchwords:  Native title – future act – proposed grant of prospecting licence – expedited procedure objection application – failure to comply with directions – springing order dismissing expedited procedure objection application in the event of non-compliance – objection application dismissed.

Legislation:Native Title Act1993 (Cth) ss 29, 148(b)

Cases:Dixon v Northern Territory of Australia [2002] NNTTA 48; (2002) 169 FLR 103

Representative of the

native title party:             Mr Andrew Burke, Goldfields Land and Sea Council

Representative of the     

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

Representative of the

grantee party:                  Mr Stephen Argus

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 3 October 2012, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) (‘the Act’) of its intention to grant prospecting licence P37/8248 to Angus William Lacey (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 30 January 2013, PT (name withheld for cultural reasons) & Ors on behalf of Mantjintjarra Ngalia #2 WC2002/006 (‘the native title party’) made an expedited procedure objection application to the Tribunal in relation to P37/8248 (WO2013/0084).

Relevant facts

1. At the status conference held on 10 July 2013, the native title party representative advised that the signed agreement had been received from the grantee party and they were awaiting signatures from the Mantjintjarra Ngalia #2 applicants.

2. No further progress was made toward the resolution of the objection and on 8 November 2013 the Tribunal made directions requiring the native title party to produce contentions and evidence for the conduct of the inquiry to determine whether or not the expedited procedure was attracted. The directions imposed a springing order which has the effect of immediately dismissing the objection applications pursuant to s 148(b) of the Native Title Act if there is non-compliance by the native title party.  The native title party was to provide a statement of contentions, documentary evidence and witness statements verified where possible by affidavit on or before 9 December 2013.  In imposing the springing order I considered and adopted Deputy President Sosso’s reasons in Dixon v Northern Territory of Australia [2002] NNTTA 48; (2002) 169 FLR 103, (at [24]-[25]).

3. Neither contentions nor evidence have been received from the native title party by the due date 9 December 2013 and no explanation has been provided for the failure to comply with the Tribunal’s directions, despite the native title party having been informed of the possible consequences of a failure to comply.  The springing order applied has resulted in the dismissal of  WO2013/0084.

Decision

1. As the native title party has failed to comply with Directions made by the Tribunal on 8 November 2013, the objection application is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth) in accordance with the terms of the Directions.

Helen Shurven
Member
13 December 2013