Marianne Velickovic & Ors on behalf of Widji/Western Australia/Dayne Gregory Bereth

[2011] NNTTA 71

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Ors on behalf of Widji/Western Australia/Dayne Gregory Bereth, [2011] NNTTA 71 (21 April 2011)

Application No:                  WO10/1219

IN THE MATTER of the Native Title Act 1993 (Cth)

-and-

IN THE MATTER of an inquiry into an expedited procedure objection application

Marianne Velickovic & Ors on behalf of Widji (native title party)

-and-

The State of Western Australia (Government party)

-and-

Dayne Gregory Bereth (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:Hon C J Sumner, Deputy President

Place:Perth

Date of dismissal:              18 April 2011

Date of reasons:                21 April 2011

Catchwords:  Native title – future act – proposed grant of prospecting licence – expedited procedure objection application – failure to comply with directions – springing order dismissing expedited procedure objection application in event of non-compliance – objection application 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 Dennis Jacobs, Department of Mines and Petroleum

Representative of the           

grantee party:  Mr Dayne Bereth

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 25 August 2010, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licence P16/2677 to Dayne Gregory Bereth (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 25 August 2010, Marianne Velickovic & Ors on behalf of Widji – Native Title Claim No WC98/27, registered from 15 June 1998 (‘the native title party’) made an expedited procedure objection application to the Tribunal.

Relevant facts

1. The Tribunal made directions on 30 September 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 18 April 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 application WO10/1219 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
21 April 2011