Marianne Velickovic & Ors on behalf of Widji/Western Australia/Brett Anthony Scott, Gary Edward Wilkinson; Lance Blincoe Fraser
[2011] NNTTA 43
•16 March 2011
NATIONAL NATIVE TITLE TRIBUNAL
Marianne Velickovic & Ors on behalf of Widji/Western Australia/Brett Anthony Scott, Gary Edward Wilkinson; Lance Blincoe Fraser, [2011] NNTTA 43 (16 March 2011)
Application Nos: WO10/1316, WO10/1333, WO10/1334
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-
Brett Anthony Scott, Gary Edward Wilkinson (WO10/1316)
Brett Anthony Scott, Lance Blincoe Fraser (WO10/1333, WO10/1334) (grantee parties)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of dismissal: 14 February 2011
Date of reasons: 16 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)
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: Ms Ashe St Claire, Desert Management Pty Ltd
Representative of the
Government party: Mr Clyde Lannan, Department of Mines and Petroleum
Representative of the
grantee parties: Mr Brett Anthony Scott
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 prospecting licences P24/4537, P25/2175 and P25/2176 to the grantee parties specified therein and included in the notice 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 in relation to P24/4537 (WO10/1316), P25/2175 (WO10/1333) and P25/2176 (WO10/1334).
Relevant facts
In each case the Tribunal made directions on 16 November 2010 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 14 February 2011. The directions imposed a springing order which has the effect of immediately dismissing the objection application 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 WO10/1316, WO10/1333 and WO10/1334 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
16 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 |
| P24/4537 | 8/9/2010 | WO10/1316 | 7/9/2010 | Brett Anthony Scott, Gary Edward Wilkinson | Marianne Velickovic & Ors on behalf of Widji | 16/11/2010 | 14/2/2011 |
| P25/2175 | 22/9/2010 | WO10/1333 | 23/9/2010 | Brett Anthony Scott, Lance Blincoe Fraser | Marianne Velickovic & Ors on behalf of Widji | 16/11/2010 | 14/2/2011 |
| P25/2176 | 22/9/2010 | WO10/1334 | 23/9/2010 | Brett Anthony Scott, Lance Blincoe Fraser | Marianne Velickovic & Ors on behalf of Widji | 16/11/2010 | 14/2/2011 |
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