Marjorie Foster & Arthur Que Noy on behalf of the Kamu Peoples/Northern Territory/Savanna Mineral Resources Pty Ltd
[2002] NNTTA 135
•10 July 2002
NATIONAL NATIVE TITLE TRIBUNAL
Marjorie Foster & Arthur Que Noy on behalf of the Kamu Peoples/Northern Territory/Savanna Mineral Resources Pty Ltd, [2002] NNTTA 135 (10 July 2002)
Application No: DO02/35
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of an Inquiry into an expedited procedure objection application
Marjorie Foster & Arthur Que Noy on behalf of the Kamu Peoples (Native Title Party)
-and-
The Northern Territory of Australia (Government Party)
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Savanna Mineral Resources Pty Ltd (Grantee Party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Deputy President, The Hon. E.M. Franklyn QC
Place: Darwin
Date: 10 July 2002
Catchwords: Native title – future act – proposed grant of exploration licence expedited procedure application – failure to comply with Directions – objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s148(b).
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On the 31 October 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant EL/10420 to Savanna Mineral Resources Pty Ltd (‘the grantee party’) and included in the Notice a statement that it considered that the grant attracted the expedited procedure.
On 28 February 2002, Marjorie Foster & Arthur Que Noy on behalf of the Kamu Peoples. (‘the native title party’) made an expedited procedure objection application to the Tribunal.
Relevant Facts
On 11 March 2002, the Tribunal directed;
(1) On or before 20 June 2002 the Government party is to provide to the Tribunal, the objector and the grantee a statement of contentions and documents relevant to the Inquiry including:
(a)a topographical map of scale 1: 100,000 marked with
ithe area and location of the proposed tenement/s and the location of registered and recorded sites under the Northern Territory Aboriginal Sacred Sites Act 1989 on or within the vicinity of the sites; and
iiboundaries of various tenures of land within or overlapping the boundaries of the tenement/s with details of the nature of each such tenure.
(b)the details of any Aboriginal community within and in the vicinity of the tenement/s;
(c)the details of the registered and recorded sites under the Northern Territory Aboriginal Sacred Sites Act 1989; and
(d)Tenement documents, including:
icopies of the application for the proposed tenement/s;
iicopies of the proposed Schedule of Endorsements and Schedules of Conditions;
iiidetails of any current mining tenement covering the same area and whether it was the subject to the right to negotiate provisions of the Native Title Act; and
ivdetails of available prior mining tenements granted over the same area including the date of the grant and the date of expiry.
On or before 27 June 2002 the native title party shall provide the following to the Tribunal and each other party:
(a)a statement of contentions.
Statement of contentions to include:
· a statement of the nature and location of sites or areas of relevant significance in accordance with the native title holders traditions on or adjacent to the proposed tenements, identifying in each case the particular significance of the site or area; and
· a statement of the community or social activities of the native title party that it is contended is likely to be interfered with directly by the grant of the tenement.
(b)a copy of each document relevant to the Inquiry (including any affidavit to be relied on).
Documents claimed to be of a confidential nature are to be placed in a separate sealed envelope, marked “Confidential” and provided to the Tribunal with a list (which is provided to the other parties) indicating the nature of the documents and the manner in which it is proposed they may be used by the Tribunal; and
(c)a statement of the evidence to be given by any witness for the native title party verified where possible by affidavit and the details of where the party proposes that the evidence be heard if the matter is not to be heard on the papers.
On or before 4 July 2002 the grantee party shall provide the following to the Tribunal and each other party:
(a)a statement of contentions; and
(b)a copy of each document relevant to the Inquiry(including any affidavit to be relied on).
Documents claimed to be of a confidential nature are to be placed in a separate sealed envelope, marked “Confidential” and provided to the Tribunal with a list (which is to be provided to the other parties) indicating the nature of the documents and the manner in which it is proposed they may be used by the Tribunal; and
(c)a statement of the evidence to be given by any witness for the grantee party verified where possible by affidavit and the details of where the party proposes that the evidence be heard if the matter is not to be heard on the papers.
On or before 11 July 2002 each party may reply to the contentions made pursuant to Directions (1), (2) and (3).
A listing hearing (if necessary) will be held on 15 July 2002.
Liberty is given to apply to vary these directions or for a relisting of this hearing.
Parties are asked to note that:
·if the objector (the native title party) fails within a reasonable time to proceed with the application or to comply with a direction of the Tribunal, the Tribunal may dismiss the application (s 148(b) Native Title Act 1993 (as amended)); and
·a copy of any correspondence, e-mail or document provided to the Tribunal by any party must be provided simultaneously to every other party, unless there are any issues of confidentiality which arise.
·As far as practicable parties are to provide evidence in documentary form (see paragraph 3.14 of the Procedures under the Right to Negotiate Scheme issued by the Tribunal on 20 April 2000 and in particular para 3.14.5).
·The expression tenement/s used herein and in subsequent directions in this matter includes, where appropriate, any exploration or other licence under the Mining Act (NT) , the subject of a notice issued under s29 of the Native Title Act.
On 12 June 2002, the Native Title party wrote to the Tribunal requesting an extension of 14 days until 9 July 2002 in order to file and serve it’s contentions in this matter.
On 17 June 2002, having heard submissions from the parties, the Tribunal refused the Native Title party’s application for an extension of time to comply with Direction (2) of the directions of 11 March 2002.
The Native Title party failed to comply with Direction (2) of the Directions of 11 March 2002 on or before 27 June or at all.
On 2 July 2002, the Tribunal received an application from the Government party for the matter to be dismissed pursuant to s.148(b) of the Native Title Act 1993 (Cth), for failure by the Native Title party to comply with the directions made on 11 March 2002.
On 9 July 2002, upon hearing submissions from all parties the Tribunal directed that the objection application be dismissed for failure to comply with the directions made on 11 March 2002.
Decision
The applicant (native title party) has failed within a reasonable time to comply with the said directions of the Tribunal and accordingly the expedited procedure objection application DO02/35 is dismissed pursuant to s148(b) of the Native Title Act 1993 (Cth).
Deputy President,
The Hon. E.M. Franklyn QC
12 July 2002
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