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

[2011] NNTTA 136

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Ors on behalf of Widji/Western Australia/Hayes Mining Pty Ltd, [2011] NNTTA 136 (18 July 2011)

Application No:                 WO10/1684, WO10/1685, WO10/1686, WO10/1687

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-

Hayes Mining Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:Hon C J Sumner, Deputy President

Place:Perth

Date of dismissal:              13 July 2011

Date of reasons:                 18 July 2011

Catchwords:  Native title – future acts – proposed grant of prospecting licence – expedited procedure objection application – 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:  Ms Tracy Browning, Getz Goldfields Services

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 P24/4379, P24/4380, P24/4381, P24/4382 to Hayes Mining Pty Ltd (‘the grantee party’) and included in the notice 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 in relation to P24/4379 (WO10/1684), P24/4380 (WO10/1685), P24/4381 (WO10/1686), P24/4382 (WO10/1687).

Relevant facts

1. The Tribunal made directions on 14 June 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 13 July 2011. 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]. In each case the native title party has failed to comply by the due date.

Decision

1. Expedited procedure objection applications WO10/1684, WO10/1685, WO10/1686, WO10/1687 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
18 July 2011