Marianne Velickovic & Ors on behalf of Widji/Western Australia/Brendon Chevely Deshon

[2012] NNTTA 28

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Ors on behalf of Widji/Western Australia/Brendon Chevely Deshon, [2012] NNTTA 28 (19 March 2012)

Application Nos:                WO11/1154, WO11/1155, WO11/1156, WO11/1157

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-

Brendon Chevely Deshon (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:Hon C J Sumner, Deputy President

Place:Perth

Date of dismissal:              5 March 2012

Date of reasons:                19 March 2012

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)

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 Clyde Lannan, Department of Mines and Petroleum

Representative of the 

grantee party:  Ms Lydia Brisbout, McMahon Mining Title Services Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 21 September 2011, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licences P27/2099, P27/2100, P27/2101 and P27/2102 to Brendon Chevely Deshon (the grantee party) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 20 September 2011, 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 in relation to P27/2099 (WO11/1154), P27/2100 (WO11/1155), P27/2101 (WO11/1156) and P27/2102 (WO11/1157).

Relevant facts

1. The Tribunal made directions on 30 January 2012 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 5 March 2012. 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 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 to comply by the due date.

Decision

1. Expedited procedure objection applications WO11/1154, WO11/1155, WO11/1156 and WO11/1157 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
19 March 2012