Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Ironcap Resources Pty Ltd; Western Resources Pty Ltd; Rocky Reef Mining Pty Ltd
[2009] NNTTA 78
•23 July 2009
NATIONAL NATIVE TITLE TRIBUNAL
Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Ironcap Resources Pty Ltd; Western Resources Pty Ltd; Rocky Reef Mining Pty Ltd, [2009] NNTTA 78 (23 July 2009)
Application Nos: WO09/106, WO09/107, WO09/108, WO09/109, WO09/130
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-
Ironcap Resources Pty Ltd, (WO09/106)
Western Resources Pty Ltd (WO09/106, WO09/107, WO09/108, WO09/109)
Rocky Reef Mining Pty Ltd (WO09/130) (grantee parties)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of decision: 20 July 2009
Date of reasons: 23 July 2009
Catchwords: Native title – future acts – proposed grant of prospecting and exploration 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 Mr Eamon Conrnelius, Western Tenement Services
grantee party: (WO09/106, WO09/107, WO09/108, WO09/109)
Elizabeth Dobaj (WO09/130)
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On 25 February 2009, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licence P24/4406 to Ironcap Resources Pty Ltd and Western Resources Pty Ltd, P26/3689 to Rocky Reef Mining Pty Ltd and exploration licences E16/360, E16/364, E16/371 to Western Resources Pty Ltd (‘the grantee parties’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On 4 March 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 expedited procedure objection applications to the Tribunal in relation to P24/4406 (WO09/106), E16/360 (WO09/107), E16/364 (WO09/108), E16/371 (WO09/109) and P26/3689 (WO09/130).
Relevant facts
In relation to WO09/106, WO09/107, WO09/108 and WO09/109 the Tribunal made directions on 14 April 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. Directions in the same form were made in relation to WO09/130 on 22 April 2009. In each matter the native title party was to provide a statement of contentions, documentary evidence and witness statements verified where possible by affidavits on or before 20 July 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
Expedited procedure objection applications WO09/106, WO09/107, WO09/108, WO09/109 and WO09/130 are dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).
Hon C J Sumner
Deputy President
23 July 2009
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