Olivia Dimer & Ors on behalf of Widji/Western Australia/Ora Banda Gold Pty Ltd

[2012] NNTTA 41

NATIONAL NATIVE TITLE TRIBUNAL

Olivia Dimer & Ors on behalf of Widji/Western Australia/Ora Banda Gold Pty Ltd, [2012] NNTTA 41 (27 April 2012)

Application No:                  WO11/1008

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

-and-

IN THE MATTER of an inquiry into an expedited procedure objection application

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

-and-

The State of Western Australia (Government party)

-and-

Ora Banda Gold Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:John Sosso, Deputy President

Place:Perth

Date of dismissal:              23 April 2012

Date of reasons:                27 April 2012

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection application – failure to comply with directions – springing order dismissing expedited procedure objection applications in event of non-compliance – objection application 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 Clyde Lannan, Department of Mines and Petroleum

Representative of the 

grantee party:  Mr Eamon Cornelius, Western Tenement Services

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 24 August 2011, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licence E24/178 to Ora Banda Gold Pty Ltd (the grantee party) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 2 September 2011, Olivia Dimer & Ors on behalf of Widji – Native Title Claim No WC98/27, registered from 15 June 1998 (the native title party) made an expedited procedure objection application to the Tribunal.

Relevant facts

1. The Tribunal made directions on 19 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 23 April 2012. 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 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 failed to comply by the due date.

Decision

1. Expedited procedure objection application WO11/1008 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President
27 April 2012