Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Ryan Higgins; Darren Rodney Higgins; Frederic Charles Saunders

[2009] NNTTA 21

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Ryan Higgins; Darren Rodney Higgins; Frederic Charles Saunders, [2009] NNTTA 21 (13 March 2009)

Application Nos:               WO08/988, WO08/989, WO08/991, WO08/992, WO08/993

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-

Ryan Higgins (WO08/988, WO08/989)
Darren Rodney Higgins (WO08/991, WO08/992)
Frederic Charles Saunders (WO08/993) (grantee parties)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissals:             3 March 2009

Date of reasons:                 13 March 2009

Catchwords:  Native title – future acts – proposed grant of 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) s 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 Industry and Resources

Government party:           Ms Violet Jacobs, Department of Industry and Resources

Representative of the        

grantee party  Ms Elizabeth Dobaj (WO08/993)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

1. On 8 October 2008, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licences P15/5276 and P15/5279 to Ryan Higgins, P15/5277 and P15/5278 to Darren Rodney Higgins and P15/5264 to Frederick Charles Saunders (‘the grantee parties’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 13 October 2008, 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 expedited procedure objection applications to the Tribunal in relation to P15/5276 (WO08/988), P15/5279 (WO08/989), P15/5277 (WO08/991), P15/5278 (WO08/992), and P15/5264 (WO08/993).

Relevant facts

1. The Tribunal made directions on 26 November 2008 in relation to WO08/988, WO08/989, WO08/991 and WO08/992, and on 13 January 2009 in relation to WO08/993, 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 3 March 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 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 WO08/988, WO08/989, WO08/991, WO08/992 and WO08/993 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
13 March 2009