Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Westex Resources Pty Ltd; Patrick William O’Donnell, Trevor Edward O’Dea

[2010] NNTTA 21

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Westex Resources Pty Ltd; Patrick William O’Donnell, Trevor Edward O’Dea, [2010] NNTTA 21 (22 February 2010)

Application Nos:               WO09/665, WO09/667

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-

Westex Resources Pty Ltd (WO09/665)
Patrick William O’Donnell, Trevor Edward O’Dea (WO09/667) (grantee parties)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of decision:                15 February 2010
Date of reasons:                 22 February 2010

Catchwords:  Native title – future acts – proposed grant of exploration and 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        Mr Steve Millward (WO09/665)
grantee parties:                 Mr Patrick O’Donnell (WO09/667)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 23 September 2009, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licence E26/134 to Westex Resources Pty Ltd and to grant prospecting licence P25/2098 to Patrick William O’Donnell, Trevor Edward O’Dea (‘the grantee parties’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 21 September 2009, 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 E26/134 (WO09/665) and P25/2098 (WO09/667).

Relevant facts

1. On 29 October 2009 (WO09/667) and 30 November 2009 (WO09/665) 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 15 February 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 WO09/665 and WO09/667 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
22 February 2010