Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Northern Mining Ltd

[2010] NNTTA 126

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Northern Mining Ltd, [2010] NNTTA 126 (11 August 2010)

Application Nos:             WO09/1033, WO10/32, WO10/39

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-

Northern Mining Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            2 August 2010
Date of reasons:              11 August 2010

Catchwords:  Native title – future acts – proposed grant of exploration and 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     Mr Greg Abbott, Department of Mines and Petroleum

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

Representative of the     
grantee parties:               Mr Shannon McMahon, McMahon Mining Title Services Pty Ltd

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 and prospecting licences to Northern Mining Ltd (‘the grantee party’) 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 & Others 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. In each case the Tribunal made directions on the dates 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 2 August 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 WO09/1033, WO10/32 and WO10/39 are dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President
11 August 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/ies	Date Directions Made	Dismissal Date by operation of the Springing Order
E26/144	16 December 2009	WO09/1033	11 December 2009	Northern Mining Ltd	11 January 2010	2 August 2010
E25/424	11 January 2010	WO10/32	11 January 2010	Northern Mining Ltd	23 April 2010	2 August 2010
P26/3736	11 January 2010	WO10/39	11 January 2010	Northern Mining Ltd	23 April 2010	2 August 2010