Marianne Velickovic & Others on behalf of the Widji People/Western Australia/ Polymetals (WA) Pty Ltd

[2009] NNTTA 114

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Others on behalf of the Widji People/Western Australia/ Polymetals (WA) Pty Ltd, [2009] NNTTA 114 (28 September 2009)

Application No:                   WO09/273

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-

Polymetals (WA) Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:               21 September 2009
Date of reasons:                 28 September 2009

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         Ms Claire Malavaux, Department of Mines and Petroleum

Government party:             Mr Greg Abbott, Department of Mines and Petroleum

Representative of the          

grantee party:  Mr Kevin Connell, Austwide Mining Title Management Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 22 April 2009, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licence P25/2061 to Polymetals (WA) Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 22 April 2009, Marianne Velickovic and 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.

Relevant facts

1. The Tribunal made directions on 7 July 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 21 September 2009. 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 WO09/273 is dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President

28 September 2009