Marianne Velickovic & Ors on behalf of Widji/Western Australia/David Malcolm Saggers

[2011] NNTTA 58

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Ors on behalf of Widji/Western Australia/David Malcolm Saggers, [2011] NNTTA 58 (28 March 2011)

Application Nos:                WO10/1688, WO10/1689

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-

David Malcolm Saggers (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:Hon C J Sumner, Deputy President

Place:Perth

Date of dismissal:              21March 2011

Date of reasons:                28 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:               Mr Jerome Frewen, Desert Management Pty Ltd

Representative of the        

Government party:            Ms Ros Dawson, Department of Mines and Petroleum

Representative of the           

grantee party:  Mr Lyndon Mahoney

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 20 October 2010, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licences P16/2687 and P16/2688 to David Malcolm Saggers (‘the grantee party’) and included in the notices a statement that it considered that the grants attracted the expedited procedure.

2. On 22 November 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.

Relevant facts

1. The Tribunal made directions on 21 February 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 21 March 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 WO10/1688 and WO10/1689 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
28 March 2011