Marianne Velickovic & Ors on behalf of Widji/Western Australia/Audiapt Mining & Energy Pty Ltd; Clinton Dean Hood
[2011] NNTTA 40
•11 March 2011
NATIONAL NATIVE TITLE TRIBUNAL
Marianne Velickovic & Ors on behalf of Widji/Western Australia/Audiapt Mining & Energy Pty Ltd; Clinton Dean Hood, [2011] NNTTA 40 (11 March 2011)
Application Nos: WO10/1002, WO10/1003, WO10/1218
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of an inquiry into expedited procedure objection applications
Marianne Velickovic & Ors on behalf of Widji (native title party)
-and-
The State of Western Australia (Government party)
-and-
Audiapt Mining & Energy Pty Ltd (WO10/1002)
Clinton Dean Hood (WO10/1003, WO10/1218) (grantee parties)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal:Hon C J Sumner, Deputy President
Place:Perth
Date of dismissal: 8 March 2011
Date of reasons: 11 March 2011
Catchwords: Native title – future acts – 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)
Acts Interpretation Act 1901 (Cth) s 36
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
Representatives of the
Government party: Mr Dennis Jacobs, Department of Mines and Petroleum
Representative of the Mr Leo Xiao, Audiapt Mining & Energy Pty Ltd (WO10/1002)
grantee parties: Ms Sieu Vuong, McMahon Mining Title Services Pty Ltd, (WO10/1003, WO10/1218)
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On the dates specified in the attached schedule, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant certain prospecting licences to Audiapt Mining & Energy Pty Ltd and Clinton Dean Hood (‘the grantee parties’) and included in the notices a statement that it considered that the grants attracted the expedited procedure.
On the dates specified in the attached schedule, Marianne Velickovic & Ors on behalf of Widji – native title claim no WC98/27, registered from 15 June 1998 (‘the native title party’) made expedited procedure objection applications to the Tribunal.
Relevant facts
The Tribunal made directions, on the dates specified in the attached schedule, 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 7 March 2011. As a public holiday in Western Australia fell upon 7 March 2011, the springing order was deemed not to spring until 8 March 2011, by virtue of section 36(2) of the Acts Interpretation Act 1901 (Cth). 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 in each case failed to comply by the due date.
Decision
Expedited procedure objection applications WO10/1002, WO10/1003 and WO10/1218 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
11 March 2011
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 | Date Directions Made | Dismissal Date by operation of the Springing Order |
| P15/5517 | 14/7/2010 | WO10/1002 | 9/7/2010 | Audiapt Mining & Energy Pty Ltd | Marianne Velickovic & Ors on behalf of Widji | 2/8/2010 | 8/3/2011 |
| P24/4447 | 14/7/2010 | WO10/1003 | 9/7/2010 | Clinton Dean Hood | Marianne Velickovic & Ors on behalf of Widji | 2/8/2010 | 8/3/2011 |
| P25/2113 | 25/8/2010 | WO10/1218 | 25/8/2010 | Clinton Dean Hood | Marianne Velickovic & Ors on behalf of Widji | 30/9/2010 | 8/3/2011 |
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