Patrick Draper on behalf of the Wakaya Kantupulangu, Wakaya (Draper), Balarnu Alyawarre and Indjilandji Dhidanu Groups/Northern Territory/Elkedra Diamonds
[2003] NNTTA 28
•13 February 2003
NATIONAL NATIVE TITLE TRIBUNAL
Patrick Draper on behalf of the Wakaya Kantupulangu, Wakaya (Draper), Balarnu Alyawarre and Indjilandji Dhidanu Groups/Northern Territory/Elkedra Diamonds, [2003] NNTTA 28 13 February
Application Nos: DO02/86, DO02/87 and DO02/88
IN THE MATTER of the Native Title Act 1993 (Cth)
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IN THE MATTER of an Inquiry into an expedited procedure objection application
Patrick Draper on behalf of the Wakaya Kantupulangu, Wakaya (Draper), Balarnu Alyawarre and Indjilandji Dhidanu Groups – DC02/15 (native title party)
-and-
The Northern Territory of Australia (Government party)
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Elkedra Diamonds (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Hon C J Sumner, Deputy President
Place: Darwin
Date: 13 February 2003
Catchwords: Native title – future act – proposed grant of exploration licences expedited procedure applications – failure to comply with Directions – objection applications dismissed.
Legislation:Native Title Act 1993 (Cth) s148(b).
Cases:Kathleen Parry & Others for the Wagiman, Ngangiwumeri, Malak Malak, and Kamu Peoples/Northern Territory/Troy Resources NL, [2003] NNTTA 18 (12 February 2003)
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On the 29 May 2002, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences ELA23267, ELA23269 and ELA23268 to Elkedra Diamonds (‘the grantee party’) and included in the notices a statement that it considered that the grant attracted the expedited procedure.
On 30 September 2002, Patrick Draper on behalf of the Wakaya Kantupulangu, Wakaya (Draper), Balarnu Alyawarre and Indjilandji Dhidanu Groups (‘the native title party’) made three expedited procedure objection applications to the Tribunal (DO02/86 – ELA 23267; DO02/87 – ELA 23269; DO02/88 – ELA 23268).
Relevant Facts
On 9 October 2002, the Tribunal issued directions for the purposes of conducting an inquiry into the expedited procedure objection application. These directions were in the standard form but allowed for an extended period beyond the usual 16 week period for negotiations before the filing of contentions and documents is required. This extension was approved by the Tribunal following the request for a wet season hiatus in all upcoming matters, made by the Northern Land Council on 10 September 2002.
On 7 February 2002, Mr Mark Rumler, representing the native title party, advised the Tribunal that the Northern Land Council would not be filing contentions by the due date of 17 March 2003, and that they did not seek an extension of time within which to do so. Mr Rumler further advised that should the Tribunal consider dismissing the objections the native title party did not seek to be heard.
On the same date, Ms Poppi Gatis, representing the Northern Territory, requested that in the light of Mr Rumler’s submission, the objections be dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth). Failing this course of action, Ms Gatis recommended that directions issued 9 October 2002 be amended to require native title party compliance prior to Government party compliance and that a clause be inserted dismissing the matters in the event of non-compliance.
An objection application may be dismissed forthwith pursuant to s 148(b) of the Act for failure to comply with directions where a native title party has advised of its intention not to comply even though the date for compliance has not passed. (See cases cited in Kathleen Parry & Others for the Wagiman, Ngangiwumeri, Malak Malak, and Kamu Peoples/Northern Territory/Troy Resources NL, [2003] NNTTA 18 (12 February 2003) at [8]).
Decision
The native title party has informed the Tribunal that it does not intend to comply with the Tribunal’s direction to provide its contentions and documents by 17 March 2003 or at all. Accordingly the objection applications in respect of exploration licences ELA23267, ELA23269 and ELA 23268 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
13 February 2003
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