Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Western Resources Pty Ltd, Zetek Resources Pty Ltd

[2010] NNTTA 7

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Western Resources Pty Ltd, Zetek Resources Pty Ltd, [2010] NNTTA 7 (19 January 2010)

Application Nos:             WO09/620, WO09/621, WO09/622

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-

Western Resources Pty Ltd, Zetek Resources Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            18 January 2010
Date of reasons:              19 January 2010

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) 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 Eamon Cornelius, Western Tenement Services

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 26 August 2009, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licences P16/2621, P16/2622 and P16/2623 to Western Resources Pty Ltd and Zetek Resources Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 26 August 2009, Marianne Velickovic 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 in relation to P16/2621 (WO09/620), P16/2622 (WO09/621) and P16/2623 (WO09/622).

Relevant facts

1. In each case the Tribunal made directions on 15 October 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 18 January 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 WO09/620, WO09/621 and WO09/622 are dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President

19 January 2010