Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Frederick John Smith, Imperial Granite and Minerals Pty Ltd, Carrick Gold Ltd, Wendy Dawn Faithfull, Philip Henry Buswell, Maxwell Peter...
[2011] NNTTA 13
•15 February 2011
NATIONAL NATIVE TITLE TRIBUNAL
Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Frederick John Smith, Imperial Granite and Minerals Pty Ltd, Carrick Gold Ltd, Wendy Dawn Faithfull, Philip Henry Buswell, Maxwell Peter Stringberg, Croesus Mining NL, Peter Romeo Gianni, Henan Centre’s Alliance Mines Co (WA) Pty Ltd, Amex Resources Ltd, Kimba Resources Pty Ltd, Audiapt Mining and Energy Pty Ltd, Ironcap Resources Pty Ltd, Kalgoorlie Mining Associates Pty Ltd, [2011] NNTTA 13 (15 February 2011)
Application Nos: WO10/609, WO10/610, WO10/743, WO10/744, WO10/790, WO10/791, WO10/1028, WO10/1031, WO10/1032, WO10/1033, WO10/1034, WO10/1035, WO10/1036 WO10/1037, WO10/1038, WO10/1127, WO10/1220, WO10/1221, WO10/1222, WO101223, WO10/1309, WO10/1310, WO10/1311
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-
See attached Schedule (grantee parties)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of dismissal: listed on the attached schedule
Date of reasons: 15 February 2011
Catchwords: Native title – future acts – proposed grant of prospecting and exploration 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: Ms Ashe St Clair, Desert Management Pty Ltd
Representative of the
Government party: Mr Clyde Lannan, Department of Mines and Petroleum
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On the dates specified in the attached schedule, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant certain prospecting and exploration licences to the grantee parties specified therein and included in the notice a statement that it considered that the it considered that the grants attracted the expedited procedure.
On the dates specified in the attached schedule, 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.
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 the dates specified in the attached schedule. 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]. In all cases the native title party failed to comply by the due date.
Decision
Expedited procedure objection applications specified in the attached schedule are dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).
Hon C J Sumner
Deputy President
15 February 2011
SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS
| Tenement No(s). | Date of Government 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 |
| P26/3784 | 28 July 2010 | WO10/1037 | 27 July 2010 | Frederick John Smith | 18 October 2010 | 20 December 2010 |
| E25/447 | 5 May 2010 | WO10/609 | 7 May 2010 | Imperial Granite and Minerals Pty Ltd | 21 May 2010 | 4 January 2011 |
| E26/151 | 5 May 2010 | WO10/610 | 7 May 2010 | Imperial Granite and Minerals Pty Ltd | 21 May 2010 | 4 January 2011 |
| E27/370 | 11 August 2010 | WO10/1127 | 6 August 2010 | Carrick Gold Ltd | 20 September 2010 | 10 January 2011 |
| P15/5542 | 25 August 2010 | WO10/1223 | 25 August 2010 | Wendy Dawn Faithfull | 18 October 2010 | 19 January 2011 |
| P15/5550 | 25 August 2010 | WO10/1220 | 8 September 2010 | Philip Henry Buswell | 18 October 2010 | 19 January 2011 |
| E15/1181 | 25 August 2010 | WO10/1222 | 25 August 2010 | Maxwell Peter Stringberg | 18 October 2010 | 19 January 2011 |
| P26/3567 | 2 June 2010 | WO10/743 | 28 May 2010 | Croesus Mining NL | 22 June 2010 | 24 January 2011 |
| P25/2144 | 2 June 2010 | WO10/744 | 28 May 2010 | Imperial Granite & Minerals Pty Ltd | 22 June 2010 | 24 January 2011 |
| P16/2680 | 8 September 2010 | WO10/1309 | 7 September 2010 | Peter Romeo Gianni | 16 November 2010 | 31 January 2011 |
| P16/2681 | 8 September 2010 | WO10/1310 | 7 September 2010 | Peter Romeo Gianni | 16 November 2010 | 31 January 2011 |
| P24/4490 | 8 September 2010 | WO10/1311 | 7 September 2010 | Peter Romeo Gianni | 16 November 2010 | 31 January 2011 |
| E15/1179 | 25 August 2010 | WO10/1221 | 25 August 2010 | Henan Centre’s Alliance Mines Co (WA) Pty Ltd | 2 November 2010 | 3 February 2011 |
| E15/1165 | 28 July 2010 | WO10/1038 | 28 July 2010 | Amex Resources Ltd | 8 December 2010 | 7 February 2011 |
| E15/1206 | 28 July 2010 | WO10/1028 | 28 July 2010 | Kimba Resources Pty Ltd | 8 December 2010 | 7 February 2011 |
| P15/5511 | 16 June 2010 | WO10/790 | 14 June 2010 | Audiapt Mining and Energy Pty Ltd | 5 July 2010 | 7 February 2011 |
| P24/4508 | 16 June 2010 | WO10/791 | 14 June 2010 | Ironcap Resources Pty Ltd | 5 July 2010 | 7 February 2011 |
| P24/4451 | 28 July 2010 | WO10/1031 | 27 July 2010 | Kalgoorlie Mining Associates Pty Ltd | 8 December 2010 | 7 February 2011 |
| P24/4452 | 28 July 2010 | WO10/1032 | 27 July 2010 | Kalgoorlie Mining Associates Pty Ltd | 8 December 2010 | 7 February 2011 |
| P24/4453 | 28 July 2010 | WO10/1033 | 27 July 2010 | Kalgoorlie Mining Associates Pty Ltd | 8 December 2010 | 7 February 2011 |
| P24/4454 | 28 July 2010 | WO10/1034 | 27 July 2010 | Kalgoorlie Mining Associates Pty Ltd | 8 December 2010 | 7 February 2011 |
| P24/4455 | 28 July 2010 | WO10/1035 | 27 July 2010 | Kalgoorlie Mining Associates Pty Ltd | 8 December 2010 | 7 February 2011 |
| P24/4456 | 28 July 2010 | WO10/1036 | 27 July 2010 | Kalgoorlie Mining Associates Pty Ltd | 8 December 2010 | 7 February 2011 |
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