Marianne Velickovic and Others on behalf of the Widji People/Western Australia/Westex Resources Pty Ltd; Siberia Mining Corporation Pty Ltd; Terence Joseph Laverty
[2009] NNTTA 47
•8 May 2009
NATIONAL NATIVE TITLE TRIBUNAL
Marianne Velickovic and Others on behalf of the Widji People/Western Australia/Westex Resources Pty Ltd; Siberia Mining Corporation Pty Ltd; Terence Joseph Laverty, [2009] NNTTA 47 (8 May 2009)
Application Nos: WO08/730, WO08/738, WO08/740
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-
Westex Resources Pty Ltd (WO08/730)
Siberia Mining Corporation Pty Ltd (WO08/738)
Terence Joseph Laverty (WO08/740) (grantee parties)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner Deputy President
Place: Perth
Date of decision: 4 May 2009
Date of reasons: 8 May 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 Mr Steven Millward (WO08/730)
grantee parties: Mr Shannon McMahon (WO08/738)
Ms Grace Tan (WO08/740)
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On 10 September 2008, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licence P25/2049 to Westex Resources Pty Ltd, prospecting licence P24/4283 to Siberia Mining Corporation Pty Ltd and prospecting licence P15/4902 to Terence Joseph Laverty (‘the grantee parties’) and included in the notice a statement that it considered that each of the grants attracted the expedited procedure.
On 10 September 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 P25/2049 (WO08/730), P24/4283 (WO08/738) and P15/4902 (WO08/740).
Relevant Facts
In each case the Tribunal made directions on 30 September 2009 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 4 May 2009. 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 close of business on the due date. In making the decision to impose the springing order I adopted the Tribunal’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 WO08/730, WO08/738 and WO08/740 are dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).
Hon C J Sumner
Deputy President
8 May 2009
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