Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Tania Francis Higgins

[2009] NNTTA 122

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Tania Francis Higgins, [2009] NNTTA 122 (8 October 2009)

Application No:                   WO09/276

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-

Tania Francis Higgins (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:                 29 September 2009
Date of reasons:                   8 October 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) s 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 party:  Ms Tania Francis Higgins

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 6 May 2009, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licence P15/5369 to Tania Francis Higgins (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 1 May 2009, Marianne Velickovic 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. On 7 July 2009, 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 the 29 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 WO09/276 is dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President
8 October 2009