Marianne Velickovic & Ors on behalf of Widji/Western Australia/Northern Mining Ltd; Limelight Industries Pty Ltd
[2011] NNTTA 116
•27 June 2011
NATIONAL NATIVE TITLE TRIBUNAL
Marianne Velickovic & Ors on behalf of Widji/Western Australia/Northern Mining Ltd; Limelight Industries Pty Ltd, [2011] NNTTA 116 (27 June 2011)
Application Nos: WO10/1698, WO10/1699, WO10/1700, WO10/1701, WO10/1702
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-
Northern Mining Ltd (WO10/1698, WO10/1699)
Limelight Industries Pty Ltd (WO10/1700, WO10/1701, WO10/1702) (grantee parties)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of dismissal: 13 June 2011
Date of reasons: 27 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 Ms Nerida O’Brien, McMahon Mining Title Services Pty Ltd
grantee parties: (WO10/1698, WO10/1699)
Mr Lynton Downe (WO10/1700, WO10/1701, WO10/1702
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On the 20 October 2010 the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licences P25/2179, P25/2180, P16/2682, P16/2683 and P16/2684 to the grantee parties specified in the attached schedule and included in the notice a statement that it considered that the grants attracted the expedited procedure.
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 P25/2179 (WO10/1698), P25/2180 (WO10/1699), P16/2682 (WO10/1700), P16/2683 (WO10/1701) and P16/2684 (WO10/1702).
Relevant facts
In each case the Tribunal made directions on 1 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 13 June 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 in each case failed to comply by the due date.
Decision
Expedited procedure objection applications WO10/1698, WO10/1699, WO10/1700, WO10/1701 and WO10/1702 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth)
Hon C J Sumner
Deputy President
27 June 2011
SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS
| Tenement No. | Date of Govt. Party Notification (s29 Notice) | Objection Application No. | Date Objection Application Lodged | Grantee Party/ies | Native Title Party | Date Directions Made | Dismissal Date by operation of the springing order |
| P25/2179 | 20/10/2010 | WO10/1698 | 22/11/2010 | Northern Mining Ltd | Marianne Velickovic & Ors on behalf of Widji | 1/2/2011 | 13/6/2011 |
| P25/2180 | 20/10/2010 | WO10/1699 | 22/11/2010 | Northern Mining Ltd | Marianne Velickovic & Ors on behalf of Widji | 1/2/2011 | 13/6/2011 |
| P16/2682 | 20/10/2010 | WO10/1700 | 22/11/2010 | Limelight Industries Pty Ltd | Marianne Velickovic & Ors on behalf of Widji | 1/2/2011 | 13/6/2011 |
| P16/2683 | 20/10/2010 | WO10/1701 | 22/11/2010 | Limelight Industries Pty Ltd | Marianne Velickovic & Ors on behalf of Widji | 1/2/2011 | 13/6/2011 |
| P16/2684 | 20/10/2010 | WO10/1702 | 22/11/2010 | Limelight Industries Pty Ltd | Marianne Velickovic & Ors on behalf of Widji | 1/2/2011 | 13/6/2011 |
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