Marianne Velickovic & Ors on behalf of Widji/Western Australia/South Boulder Mines Ltd

[2010] NNTTA 217

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Ors on behalf of Widji/Western Australia/South Boulder Mines Ltd, [2010] NNTTA 217 (21 December 2010)

Application Nos:             WO10/1026, WO10/1027

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-

South Boulder Mines Ltd

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            20 December 2010
Date of reasons:              21 December 2010

Catchwords:  Native title – future acts – proposed grant of exploration 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        Mr Jerome Frewen, Desert Management Pty Ltd

native title party:               Ms Ashe St Claire, Desert Management Pty Ltd

Representative of the        

Government party:           Ms Claire Malavaux, Department of Mines and Petroleum

Representative of the

grantee party:  Mr Michael Giles, South Boulder Mines Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 28 July 2010, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licences E15/1210 (WO10/1026) and E26/132 (WO10/1027) to South Boulder Mines Ltd (‘the grantee party’) and included in the notices a statement that it considered that the grants attracted the expedited procedure.

2. On 27 July 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.

Relevant facts

1. The Tribunal made directions on 24 August 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 20 December 2010. 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 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

1. Expedited procedure objection applications WO10/1026 and WO10/1027 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
21 December 2010