Marianne Velickovic & Ors on behalf of Widji/Western Australia/Westex Resources Pty Ltd, Glen Alan Mackie, Zetek Resources Pty Ltd, Stephen John Jeffrey, Seatommy Pty Ltd
[2011] NNTTA 74
•2 May 2011
NATIONAL NATIVE TITLE TRIBUNAL
Marianne Velickovic & Ors on behalf of Widji/Western Australia/Westex Resources Pty Ltd, Glen Alan Mackie, Zetek Resources Pty Ltd, Stephen John Jeffrey, Seatommy Pty Ltd, [2011] NNTTA 74 (2 May 2011)
Application Nos: WO10/1029, WO10/1704, WO10/1705, WO10/1707, WO10/1714
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 – WC98/27 (native title party)
-and-
The State of Western Australia (Government party)
-and-
See attached Schedule (grantee parties)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal:Hon C J Sumner, Deputy President
Place:Perth
Date of dismissal: listed on the attached schedule
Date of reasons: 2 May 2011
Catchwords: Native title – future acts – proposed grant of prospecting and 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), s 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
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On the dates specified in the attached schedule, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant certain prospecting and exploration licences to the grantee parties specified therein and included in the notice a statement that it considered that the it considered that the grants attracted the expedited procedure.
On the dates specified in the attached schedule, Marianne Velickovic & Ors on behalf of Widji– Native Title Claim No. WC98/27 registered on 15 June 1998 – (‘the native title party’) made expedited procedure objection applications to the Tribunal.
Relevant facts
In each case the Tribunal made directions on the date specified in the attached schedule 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 the dates specified in the attached schedule. 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]. In all cases the native title party failed to comply by the due date.
Decision
Expedited procedure objection applications WO10/1029, WO10/1704, WO10/1705, WO10/1707, WO10/1714 specified in the attached schedule are dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).
Hon C J Sumner
Deputy President
2 May 2011
SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS
| Tenement No(s). | Date of Govt Party Notification (s 29 notice) | Objection Application No. | Date Objection Application Lodged | Grantee Party/ies | Date Directions Made | Dismissal Date by operation of the Springing Order |
| E26/149 | 28 July 2010 | WO10/1029 | 27 July 2010 | Westex Resources Pty Ltd | 9 August 2010 | 21 March 2011 |
| P27/2057 | 3 November 2010 | WO10/1704 | 22 November 2010 | Glen Alan Mackie | 21 February 2011 | 4 April 2011 |
| P26/3804 | 3 November 2010 | WO10/1705 | 22 November 2010 | Zetek Resources Pty Ltd | 21 February 2011 | 4 April 2011 |
| P15/5558 | 3 November 2010 | WO10/1707 | 22 November 2010 | Stephen John Jeffrey | 21 February 2011 | 4 April 2011 |
| P24/4510 | 17 November 2010 | WO10/1714 | 17 November 2010 | Seatommy Pty Ltd | 21 February 2011 | 4 April 2011 |
0
1
0