Marianne Velickovic and Others on behalf of the Widji People/Western Australia/Spark Energy Pty Ltd
[2009] NNTTA 64
•23 June 2009
NATIONAL NATIVE TITLE TRIBUNAL
Marianne Velickovic and Others on behalf of the Widji People/Western Australia/Spark Energy Pty Ltd [2009] NNTTA 64 (23 June 2009)
Application Nos: WO08/1053 & WO08/1054
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of an inquiry into expedited procedure objection applications
Marianne Velickovic and Others on behalf of the Widji People – WC98/27 (native title party)
-and-
The State of Western Australia (Government party)
-and-
Spark Energy Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Mr Daniel O’Dea, Member
Place: Perth
Date of decision: 22 June 2009
Date of reasons: 23 June 2009
Catchwords: Native title – future act – proposed grant of prospecting 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) ss 29, 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 Mines and Petroleum |
| Representative of the grantee party: | Mr Shannon McMahon, McMahon Mining Title Services Pty Ltd |
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On 5 November 2008, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licences P26/3680 and P26/3681 to Spark Energy Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that each of the grants attracted the expedited procedure.
On 3 November 2008, Marianne Velickovic and Others on behalf of the Widji People Native Title Claim No. WC98/27 registered on 15 June 1998 (‘the native title party’) made expedited procedure objection applications to the Tribunal in relation to P26/3680 (WO08/1053) and P26/3681 (WO08/1054).
Relevant Facts
In each case the Tribunal made directions on 9 December 2008 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 22 June 2009. The directions imposed a springing order which has the effect of immediately dismissing the objection pursuant to s 148(b) of the Native Title Act if there is non-compliance by the close of business on the due date. In making the decision to impose the springing order the Tribunal adopts Deputy President Sumner’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 in each case to comply by the due date.
Decision
Expedited procedure objection applications WO08/1053 and WO08/1054 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Mr Daniel O’Dea
Member
23 June 2009
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