Marianne Velickovic & Ors on behalf of Widji/Western Australia/David Neill Marsh

[2012] NNTTA 46

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Ors on behalf of Widji/Western Australia/David Neill Marsh, [2012] NNTTA 46 (3 May 2012)

Applications No:                WO11/1327 & WO11/1328

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 Neill Marsh(grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:John Sosso

Place:Brisbane

Date of dismissal:              30 April 2012

Date of reasons:                 3 May 2012

Catchwords:  Native title – future act – 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

Representatives:

Native title party:              Mr Jerome Frewen, Desert Management Pty Ltd

Government party:           Mr Clyde Lannan, Department of Mines and Petroleum

Grantee party:                   Mr David Neill Marsh

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Background

1. On 16 November 2011, the State of Western Australia (“the government party”) gave notice under s. 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licences P16/2743 and P16/2744 to David Neill Marsh (“the grantee party”) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 15 November 2011, Marianne Velickovic & Ors on behalf of Widji – Native Title Claim No WC98/27, registered from 15 June 1998 (the native title party) lodged expedited procedure objection applications with the Tribunal in relation to P16/2743 (WO11/1327) and P16/2744 (WO11/1328).

Relevant facts

1. The Tribunal made directions on 14 December 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 30 April 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 WO11/1327, and WO11/1328 are dismissed pursuant to s. 148(b) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President