Marianne Velickovic & Others on behalf of the Widji People/Adam Frank Hill/Peter Romeo Gianni/Gianni Holdings Pty Ltd

[2010] NNTTA 79

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Others on behalf of the Widji People/Adam Frank Hill/Peter Romeo Gianni/Gianni Holdings Pty Ltd, [2010] NNTTA 79 (16 June 2010)

Application Nos:                  WO10/21, WO10/22, WO10/23, WO10/25, WO10/35, WO10/36

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

-and-

IN THE MATTER of an inquiry into expedited procedure objection applications

Marianne Velickovic & Others on behalf of the Widji People – WC98/27 (native title party)

-and-

The State of Western Australia (Government party)

-and-

Adam Frank Hill (WO10/21-23)
Peter Romeo Gianni (WO10/25)
Gianni Holdings Pty Ltd (WO10/35-36) (grantee parties)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:                 9 June 2010
Date of reasons:                   16 June 2010

Catchwords:  Native title – future acts – proposed grant of exploration and 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

Representatives of the         Mr Greg Abbott, Department of Mines and Petroleum

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 13 January 2010, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant certain exploration and prospecting licences 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.

2. On 11 January 2010, Marianne Velickovic on behalf of the Widji People – 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. In each case the Tribunal made directions on 25 February 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 9 June 2010. 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

1. Expedited procedure objection applications WO10/21, WO10/22, WO10/23, WO10/25, WO10/35 and WO10/36 are dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President
16 June 2010

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
P24/4474	13 January 2010	WO10/21	11 January 2010	Adam Frank Hill	25 February 2010	9 June 2010
P24/4475	13 January 2010	WO10/22	11 January 2010	Adam Frank Hill	25 February 2010	9 June 2010
P24/4476	13 January 2010	WO10/23	1 1January 2010	Adam Frank Hill	25 February 2010	9 June 2010
P15/5412	13 January 2010	WO10/25	11 January 2010	Peter Romeo Gianni	25 February 2010	9 June 2010
P16/2639	13 January 2010	WO10/35	11 January 2010	Gianni Holdings Pty Ltd	25 February 2010	9 June 2010
P16/2640	13 January 2010	WO10/36	11 January 2010	Gianni Holdings Pty Ltd	25 February 2010	9 June 2010