Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Dundas Resources Pty Ltd

[2009] NNTTA 50

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Dundas Resources Pty Ltd, [2009] NNTTA 50 (27 May 2009)

Application Nos:           WO08/892, WO08/893, WO08/894, WO08/895, WO08/896

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

-and-

IN THE MATTER of an inquiry into expedited procedure objection applications

Marianne Velickovic and Others on behalf of the Widji People – WC98/27

(native title party)

-and-

The State of Western Australia (Government party)

-and-

Dundas Resources Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:Hon C J Sumner, Deputy President

Place:Perth

Date of decision:           18 May 2009

Date of reasons:            27 May 2009

Catchwords:  Native title – future acts – proposed grant of prospecting licences – expedited procedure objection applications – failure to comply with directions – springing orders 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

Representative of the   

Government party:      Mr Greg Abbott, Department of Mines and Petroleum

Representative of the

grantee party:               Mr Shane Sadleir, Dundas Resources Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 24 September 2008, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licences P25/2020, P25/2021, P25/2022, P25/2023 and P25/2028 to Dundas Resources Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 25 September 2008, Marianne Velickovic 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 P25/2020 (WO08/892), P25/2021 (WO08/893), P25/2022 (WO08/894), P25/2023 (WO08/895) and P25/2028 (WO08/896).

Relevant facts

1. In all cases 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. In all cases 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 a springing order I adopted the Tribunal’s findings in Leonne Velickovic on behalf of the Widji People/Western Australia/Frederick Charles 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 WO08/892, WO08/893, WO08/894, WO08/895 and WO08/896 are dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President
27 May 2009