Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Wieslaw Wozniak

[2009] NNTTA 93

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Wieslaw Wozniak, [2009] NNTTA 93 (14 August 2009)

Application Nos:               WO08/1226, WO08/1227

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-

Wieslaw Wozniak (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Adelaide
Date of dismissals:             10 August 2009

Date of reasons:                 14 August 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 Mines and Petroleum

Government party:           Ms Claire Malavaux, Department of Mines and Petroleum

Representative of the        

grantee party  Mr Fred Smith

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

1. On 17 December 2008, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licences P26/3684 and P26/3685 to Wieslaw Wozniak (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 31 December 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 P26/3684 (WO08/1226) and P26/3685 (WO08/1227).

Relevant facts

1. In each case the Tribunal made directions on 27 January 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 10 August 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 WO08/1226 and WO08/1227 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
14 August 2009