Marianne Velickovic & Ors (Widji)/Western Australia/Joshua Andrew Bishop

[2012] NNTTA 68

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Ors (Widji)/Western Australia/Joshua Andrew Bishop, [2012] NNTTA 68 (22 June 2012)

Application No:                 WO11/1384

IN THE MATTER of the Native Title Act 1993 (Cth)

-and-

IN THE MATTER of an inquiry into expedited procedure objection application

Marianne Velickovic & Ors on behalf of Widji     (native title party)

-and-

The State of Western Australia   (government party)

-and-

Joshua Andrew Bishop(grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:John Sosso

Place:Brisbane

Date of dismissal:              5 June 2012

Date of reasons:                 22 June 2012

Catchwords:  Native title – future act – proposed grant of prospecting licence – expedited procedure objection application – failure to comply with directions – springing order – 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

Representatives:

Native title party:              Mr Jerome Frewen, Desert Management Pty Ltd

Government party:           Mr Clyde Lannan, Department of Mines and Petroleum

Grantee party:                   Mr Peter Gianni, John Matthew & Sons

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Background

1. On 14 December 2011, the State of Western Australia (“the government party”) gave notice under s. 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licence P15/5653 (“the proposed tenement”) to Joshua Andrew Bishop (“the grantee party”) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 13 December 2011, Marianne Velickovic & Ors on behalf of Widji - Native Title Claim No WC98/27 (“the native title party”) registered from 15 June 1998, lodged an expedited procedure objection application with the Tribunal in relation to P15/5653.

Relevant facts

1. The Tribunal made Directions on 7 February 2012 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 5 June 2012. 

2. 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 the due date. 

3. The native title party did not comply with the directions by the due date and, as a result, the expedited procedure objection inquiry was automatically dismissed.  The principles underpinning the making of directions imposing the springing order were explained 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].

4. Although the expedited procedure objection application has been dismissed by force of the springing order, nonetheless it is the practice of the Tribunal to subsequently provide formal written reasons outlining the process.

Decision

1. Expedited procedure objection application WO11/1384 is dismissed pursuant to s. 148(b) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President