Marianne Velickovic & Ors on behalf of Widji/Western Australia/Bulong Mining Pty Ltd

[2011] NNTTA 96

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Ors on behalf of Widji/Western Australia/Bulong Mining Pty Ltd, [2011] NNTTA 96 (6 June 2011)

Application Nos:                WO10/1739, WO10/1740, WO10/1741

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-

Bulong Mining Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:Hon C J Sumner, Deputy President

Place:Perth

Date of dismissal:              9 May 2011

Date of reasons:                 6 June 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:               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:  Mr Glyn Thomas Morgan

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 15 December 2010, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licences P27/2067, P27/2068 and P27/2069 to Bulong Mining Pty Ltd (‘the grantee party’) and included in the notices a statement that it considered that the grants attracted the expedited procedure.

2. On 20 December 2010, 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 P27/2067 (WO10/1739), P27/2068 (WO10/1740) and P27/2069 (WO10/1741).

Relevant facts

1. The Tribunal made directions on 1 March 2011, 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 9 May 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 failed to comply by the due date.

Decision

1. Expedited procedure objection applications WO10/1739, WO10/1740 and WO10/1741 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
6 June 2011