Marianne Velickovic & Others on Behalf of the Widji People/Western Australia/Scott Walter Wilson
[2010] NNTTA 114
•2 August 2010
NATIONAL NATIVE TITLE TRIBUNAL
Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Scott Walter Wilson, [2010] NNTTA 114 (2 August 2010)
Application No: WO09/943
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-
Scott Walter Wilson (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of decision: 26 July 2010
Date of reasons: 2 August 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 Act 1993 (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 Government party: Mr Greg Abbott, Department of Mines and Petroleum, Mr Clyde Lannan, Department of Mines and Petroleum
Representative of the grantee party: Mr Scott Walter Wilson
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REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On 2 December 2009, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licence P15/5262 to Scott Walter Wilson (`the grantee party') and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 3 December 2009, Marianne Velickovic & Ors 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
The Tribunal made directions on 21 December 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 26 July 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
Expedited procedure objection application WO09/943 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
2 August 2010
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