Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Bardoc Resources Pty Ltd; Peter Romeo Gianni
[2009] NNTTA 88
•12 August 2009
NATIONAL NATIVE TITLE TRIBUNAL
Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Bardoc Resources Pty Ltd; Peter Romeo Gianni, [2009] NNTTA 88 (12 August 2009)
Application Nos: WO08/1243, WO08/1245
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-
Bardoc Resources Pty Ltd (WO08/1243)
Peter Romeo Gianni (WO08/1245) (grantee parties)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of dismissal: 10 August 2009
Date of reasons: 12 August 2009
Catchwords: Native title – future act – proposed grant of prospecting licence and exploration licence – 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
Representatives of the Ms Angela Blackmore, Tenement Administration Services Pty Ltd
grantee party: (WO08/1243)
Mr Peter Romeo Gianni (WO08/1245)
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On 17 December 2008, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licence P15/5311 to Bardoc Resources Pty Ltd and exploration licence E15/1075 to Peter Romeo Gianni (‘the grantee parties’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On 31 December 2008, Marianne Velickovic and Others on behalf of the Widji People - Native Title Claim No. WC98/27 registered on 15 June 1998 (‘the native title party’) made expedited procedure objection applications to the Tribunal in relation to P15/5311 (WO08/1243) and E15/1075 (WO08/1245).
In both cases, the Tribunal made directions on 27 January 2009 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 10 August 2009. 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 both cases failed to comply by the due date.
Decision
Expedited procedure objection applications WO08/1243 and WO08/1245 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
12 August 2009
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