Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Bruce Robert Legendre, TE Johnston & Associates Pty Ltd, Corporate & Resource Consultants Pty Ltd
[2009] NNTTA 129
•14 October 2009
NATIONAL NATIVE TITLE TRIBUNAL
Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Bruce Robert Legendre, TE Johnston & Associates Pty Ltd, Corporate & Resource Consultants Pty Ltd, [2009] NNTTA 129 (14 October 2009)
Application No: WO09/328
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of an inquiry into an expedited procedure objection application
Marianne Velickovic & Others on behalf of the Widji People – WC98/27 (native title party)
-and-
The State of Western Australia (Government party)
-and-
Bruce Robert Legendre, TE Johnston & Associates Pty Ltd, Corporate & Resource Consultants Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of decision: 12 October 2009
Date of reasons: 14 October 2009
Catchwords: Native title – future act – proposed grant of exploration licence – expedited procedure objection application – failure to comply with directions – springing order dismissing expedited procedure objection application in event of non-compliance – objection application dismissed.
Legislation:Native Title Act1993 (Cth) s 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
Representative of the Ms Denice Johns,
grantee party: Hetherington Exploration & Mining Titles Services Pty Ltd
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On 20 May 2009, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licence E27/398 to Bruce Robert Legendre, TE Johnston & Associates Pty Ltd and Corporate & Resource Consultants Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 18 May 2009, Marianne Velickovic on behalf of the Widji People – Native Title Claim No. WC98/27 registered on 15 June 1998 (‘the native title party’) made an expedited procedure objection application to the Tribunal.
Relevant facts
The Tribunal made directions on 1 September 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 12 October 2009. The directions imposed a springing order which has the effect of immediately dismissing the objection pursuant to s 148(b) of the Native Title Act if there is non-compliance by the 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 failed to comply by the due date.
Decision
Expedited procedure objection application WO09/328 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
14 October 2009
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