Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Brendon Chevely Deshon
[2009] NNTTA 52
•28 May 2009
NATIONAL NATIVE TITLE TRIBUNAL
Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Brendon Chevely Deshon, [2009] NNTTA 52 (28 May 2009)
Application Nos: WO08/889, WO08/890, WO08/891
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-
Brendon Chevely Deshon (grantee party)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of dismissals: 18 May 2009
Date of reasons: 28 May 2009
Catchwords: Native title – future acts – proposed grant of 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) 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
Representatives of the Mr Greg Abbott, Department of Mines and Petroleum
Government party: Ms Claire Malavaux, Department of Mines and Petroleum
Representative of the
grantee party Mr Shannon McMahon, McMahon Mining Title Services Pty Ltd
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
On 24 September 2008, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licences P24/4373, P24/4374 and P24/4375 to Brendon Chevely Deshon (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 25 September 2008, Marianne Velickovic & 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 P24/4373 (WO08/889), P24/4374 (WO08/890) and P24/4375 (WO08/891).
Relevant facts
In each case the Tribunal made directions on 28 October 2008, 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 18 May 2009. The directions imposed a springing order which has the effect of immediately dismissing the objection applications 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 WO08/889, WO08/890 and WO08/891 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
28 May 2009
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