Marianne Velickovic on behalf of Widji/Western Australia/Vincent McCahon; MacPhersons Reward Pty Ltd; Lyndon Scott Mahoney, David Malcolm Saggers, Frederick Charles Saunders

[2012] NNTTA 96

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic on behalf of Widji/Western Australia/Vincent McCahon; MacPhersons Reward Pty Ltd; Lyndon Scott Mahoney, David Malcolm Saggers, Frederick Charles Saunders, [2012] NNTTA 96 (29 August 2012)

Application Nos:       WO12/609, WO12/611, WO12/614, WO12/615,

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

-and-

IN THE MATTER of an inquiry into expedited procedure objection applications

Marianne Velickovic on behalf of Widji – WC98/27  (native title party)

-and-

The State of Western Australia   (Government party)

-and-

Vincent McCahon (WO12/609); MacPhersons Reward Pty Ltd (WO12/611) Lyndon Scott Mahoney, David Malcolm Saggers, Frederick Charles Saunders (WO12/614 – WO12/615)   (grantee parties)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  President Graeme Neate
Place:  Brisbane
Date of dismissal:              30 July 2012
Date of reasons:                29 August 2012

Catchwords:  Native title – future acts – proposed grant of prospecting licences – expedited procedure objection applications – native title claim application dismissed – person ceases to be a native title party - objection applications dismissed.

Legislation:  Native Title Act 1993 (Cth), ss. 29, 30(2), 84C(1), 148(a)

Cases:Velickovic v State of Western Australia [2012] FCA 782

Representative of the     

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

Representative of the     

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

Representatives of the    

grantee parties:               Mr Vincent McCahon; Ms Tracy Browning, Goldfields Exploration Tenement Services; Mr Lyndon Mahoney

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On the dates specified on the attached schedule, the Government party gave notice under s. 29 of the Native Title Act1993 (Cth) (the Act) of its intention to grant certain prospecting licences to the grantee parties specified on the attached schedule, and included in each notice a statement that it considered that the grants attracted the expedited procedure.

2. On the dates specified on the attached schedule, Marianne Velickovic on behalf of Widji – native title claim number WC98/27, registered from 15 June 1998 (the native title party) made expedited procedure objection applications to the Tribunal in regard to each of these notices.

Relevant facts

1. On 30 July 2012, the Tribunal received an order from the Federal Court that the Widji native title claim was dismissed pursuant to s. 84C(1) of the Act on 24 July 2012 (see Velickovic v State of Western Australia [2012] FCA 782). The native title party’s claim application was subsequently removed from the Tribunal’s Register of Native Title Claims on 30 July 2012.

2. Pursuant to s. 30(2) of the Act, a person ceases to be a native title party if the person ceases to be a registered native title claimant. Consequently, in accordance with s. 148(a) of the Act, the Tribunal is satisfied that it is no longer entitled to deal with any right to negotiate applications lodged by that person.

Decision

1. Expedited procedure objection applications specified in the attached schedule are dismissed pursuant to s. 148(a) of the Native Title Act1993 (Cth).

President Graeme Neate
29 August 2012

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS

Tenement No.	Date of Govt. Party Notification (s29 Notice)	Objection Application No.	Date Objection Application Lodged	Grantee Party/ies	Native Title Party	Dismissal Date by order of the Federal Court
P25/2233	27/06/2012	WO12/609	29/06/2012	Vincent McCahon	Marianne Velickovic on behalf of Widji	30/07/2012
P26/3884	27/06/2012	WO12/611	29/06/2012	MacPhersons Reward Pty Ltd	Marianne Velickovic on behalf of Widji	30/07/2012
P27/2136	27/06/2012	WO12/614	29/06/2012	Lyndon Scott Mahoney, David Malcolm Saggers, Frederick Charles Saunders	Marianne Velickovic on behalf of Widji	30/07/2012
P27/2137	27/06/2012	WO12/615	29/06/2012	Lyndon Scott Mahoney, David Malcolm Saggers, Frederick Charles Saunders	Marianne Velickovic on behalf of Widji	30/07/2012