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

[2010] NNTTA 95

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Maddison Resources Pty Ltd; Kimba Resources Pty Ltd, [2010] NNTTA 95 (2 July 2010)

Application Nos:                  WO09/641, WO09/824

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-

Maddison Resources Pty Ltd (WO09/641)
Kimba Resources Pty Ltd (WO09/824) (grantee parties)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of decision:                28 June 2010
Date of reasons:                 2 July 2010

Catchwords:  Native title – future acts – proposed grant of 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) 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

Representatives of the      Mr Troy Dallacosta, Maddison Resources Pty Ltd (WO09/641)

grantee parties:                 Mr Shannon McMahon, McMahon Mining Title Services Pty Ltd (WO09/824)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. 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 exploration licences to the grantee parties specified therein and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. 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

1. On the dates specified in the attached schedule, 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 28 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

1. Expedited procedure objection applications WO09/641 and WO09/824 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
2 July 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
E27/407	9 September 2009	WO09/641	4 September 2009	Maddison Resources Pty Ltd	30 April 2010	28 June 2010
E15/1158	4 November 2009	WO09/824	30 October 2009	Kimba Resources Pty Ltd	23 November 2009	28 June 2010