Marianne Velickovic & Ors on behalf of Widji/Western Australia/Raymond James Francis, Wieslaw Wozniak, Brian James Mills

[2011] NNTTA 130

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Ors on behalf of Widji/Western Australia/Raymond James Francis, Wieslaw Wozniak, Brian James Mills, [2011] NNTTA 130 (5 July 2011)

Application No:                  WO10/1652

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-

Raymond James Francis, Wieslaw Wozniak, Brian James Mills (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:Hon C J Sumner, Deputy President

Place:Perth

Date of dismissal:              13 June 2011

Date of reasons:                5 July 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 Clyde Lannan, Department of Mines and Petroleum

Representative of the        

grantee party:  Mr Raymond James Francis, Mr Wieslaw Wozniak, and Mr Brian James Mills

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

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 licence P15/5554 to Raymond James Francis, Wieslaw Wozniak and Brian James Mills (‘the grantee party’) and included in the notice a statement that it considered that the grant 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 an expedited procedure objection application to the Tribunal.

Relevant facts

1. The Tribunal made directions on 25 January 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 failed to comply by the due date.

Decision

1. Expedited procedure objection application WO10/1652 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
5 July 2011