Marianne Velickovic & Others on behalf of the Widji People/Brian Robert Cahill; Andrea Lee Williams; Ronald Stuncu Andrei
[2010] NNTTA 78
•15 June 2010
NATIONAL NATIVE TITLE TRIBUNAL
Marianne Velickovic & Others on behalf of the Widji People/Brian Robert Cahill; Andrea Lee Williams; Ronald Stuncu Andrei, [2010] NNTTA 78 (15 June 2010)
Application Nos: WO10/28, WO10/33, WO10/37, WO10/38
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-
Brian Robert Cahill (WO10/28)
Andrea Lee Williams (WO10/33)
Ronald Stuncu Andrei (WO10/37, WO10/38) (grantee parties)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of dismissal: 3 June 2010
Date of reasons: 15 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
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 therein and included in the notice a statement that it considered that the grants attracted the expedited procedure.
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
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 3 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
Expedited procedure objection applications WO10/28, WO10/33, WO10/37 and WO10/38 are dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).
Hon C J Sumner
Deputy President
15 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 |
| P15/5454 | 13 January 2010 | WO10/28 | 11 January 2010 | Brian Robert Cahill | 11 March 2010 | 3 June 2010 |
| E15/1159 | 13 January 2010 | WO10/33 | 11 January 2010 | Andrea Lee Williams | 25 February 2010 | 3 June 2010 |
| P26/3743 | 13 January 2010 | WO10/37 | 11 January 2010 | Ronald Stuncu Andrei | 25 February 2010 | 3 June 2010 |
| P26/3744 | 13 January 2010 | WO10/38 | 11 January 2010 | Ronald Stuncu Andrei | 25 February 2010 | 3 June 2010 |
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