Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Lyndon Scott Mahoney, David Malcolm Saggers, Frederick Charles Saunders

[2010] NNTTA 1

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Lyndon Scott Mahoney, David Malcolm Saggers, Frederick Charles Saunders, [2010] NNTTA 1 (11 January 2010)

Application No:                 WO09/280

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-

Lyndon Scott Mahoney, David Malcolm Saggers, Frederick Charles Saunders (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of decision:                4 January 2010
Date of reasons:                 11 January 2010

Catchwords:  Native title – future act – proposed grant of prospecting 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) 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      Mr Greg Abbott, Department of Mines and Petroleum

Government party:           Ms Claire Malavaux, Department of Mines and Petroleum

Representative of the        

grantee party:  Ms Elizabeth Dobaj

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 6 May 2009, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licence P27/1980 to Lyndon Scott Mahoney, David Malcolm Saggers and Frederick Charles Saunders (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 1 May 2009, 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 an expedited procedure objection application to the Tribunal.

3. The Tribunal made directions on 25 May 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 4 January 2010. 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]. The native title party has failed to comply by the due date.

Decision

1. Expedited procedure objection application WO09/280 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
11 January 2010