Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Hayes Mining Pty Ltd
[2010] NNTTA 81
•16 June 2010
NATIONAL NATIVE TITLE TRIBUNAL
Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Hayes Mining Pty Ltd, [2010] NNTTA 81 (16 June 2010)
Application Nos: WO10/29, WO10/98, WO10/99, WO10/100, WO10/101, WO10/102
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-
Hayes Mining Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of decision: 14 June 2010
Date of reasons: 16 June 2010
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) 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 Ms Claire Malavaux, Department of Mines and Petroleum
Government party: Mr Greg Abbott, 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
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 licences to Hayes Mining Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On the dates specified in the attached schedule, Marianne Velickovic on behalf of the Widji People – Native Title Claim No. WC98/27 registered from 15 June 1998 – (‘the native title party’) made expedited procedure objection applications to the Tribunal.
Relevant facts
On 6 May 2010, the Tribunal made directions 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 14 June 2010. 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 WO10/29, WO10/98, WO10/99, WO10/100, WO10/101 and WO10/102 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
16 June 2010
SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS
| Tenement No(s). | Date of Govt Party Notification (s 29 notice) | Objection Application No. | Date Objection Application Lodged | Grantee Party | Date Directions Made | Dismissal Date by operation of the Springing Order |
| P24/3930 | 13 January 2010 | WO10/29 | 11 January 2010 | Hayes Mining Pty Ltd | 6 May 2010 | 14 June 2010 |
| P24/3957 | 27 January 2010 | WO10/98 | 22 January 2010 | Hayes Mining Pty Ltd | 6 May 2010 | 14 June 2010 |
| P24/3958 | 27 January 2010 | WO10/99 | 22 January 2010 | Hayes Mining Pty Ltd | 6 May 2010 | 14 June 2010 |
| P24/3959 | 27 January 2010 | WO10/100 | 22 January 2010 | Hayes Mining Pty Ltd | 6 May 2010 | 14 June 2010 |
| P24/3960 | 27 January 2010 | WO10/101 | 22 January 2010 | Hayes Mining Pty Ltd | 6 May 2010 | 14 June 2010 |
| P24/3964 | 27 January 2010 | WO10/102 | 22 January 2010 | Hayes Mining Pty Ltd | 6 May 2010 | 14 June 2010 |
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