Olivia Dimer & Ors on behalf of Widji/Western Australia/Bernard Peter Mazza, Glyn Thomas Morgan

[2011] NNTTA 214

NATIONAL NATIVE TITLE TRIBUNAL

Olivia Dimer & Ors on behalf of Widji/Western Australia/Bernard Peter Mazza, Glyn Thomas Morgan, [2011] NNTTA 214 (21 December 2011)

Application Nos:                WO11/964, WO11/965

IN THE MATTER of the Native Title Act 1993 (Cth)

-and-

IN THE MATTER of an inquiry into expedited procedure objection applications

Olivia Dimer & Ors on behalf of Widji (WC98/27) (native title party)

-and-

The State of Western Australia (Government party)

-and-

Bernard Peter Mazza, Glyn Thomas Morgan (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:Hon C J Sumner, Deputy President

Place:Perth

Date of dismissal:              19 December 2011

Date of reasons:                 21 December 2011

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

Representative of the        

Government party:           Mr Dennis Jacobs, Department of Mines and Petroleum

Representative of the           

grantee party:  Glyn Thomas Morgan

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 27 July 2011, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licences P27/2092 and P27/2093 to Bernard Peter Mazza and Glyn Thomas Morgan (the grantee parties) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 2 August 2011, Olivia Dimer & Ors on behalf of Widji – 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 P27/2092 (WO11/964) and P27/2093 (WO11/2093).

Relevant facts

1. The Tribunal made directions on 28 September 2011, 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 19 December 2011. 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 on or before 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 WO11/964 and WO11/965 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
21 December 2011