Pt (name withheld for cultural reasons) & Ors on behalf of Mantjintjarra Ngalia 2 / Western Australia / Vanessa Erica Thomas

NATIONAL NATIVE TITLE TRIBUNAL

PT (name withheld for cultural reasons) & Ors on behalf of Mantjintjarra Ngalia 2 / Western Australia / Vanessa Erica Thomas [2013] NNTTA 165 (2 December 2013)

Application No: WO2013/0886

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

-and-

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

PT (name withheld for cultural reasons) & Ors on
behalf of Mantjintjarra Ngalia 2– (WC2006/006) (native title party)

-and-

The State of Western Australia (Government party)

-and-

Vanessa Erica Thomas (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:  Member Helen Shurven
Place:  Perth
Date of dismissal:            18 November 2013
Date of reasons:              2 December 2013

Catchwords: Native title – future act – proposed grant of prospecting licence - expedited procedure objection application – failure to comply with directions – expedited procedure objection application dismissed.

Legislation:Native Title Act1993 (Cth), s 148(b)

Cases:Judy Hughes on behalf of Thalanji/Western Australia/Regent Resources Limited; Ochre Resources Ltd, NNTT WO05/41 and WO05/567, [2006] NNTTA 18 (23 February 2006), Hon C J Sumner
Representatives
Native title party: Mr Andrew Burke, Goldfields Land & Sea Council

Government party: Mr Clyde Lannan, Department of Mines and Petroleum

Grantee party Ms Vanessa Erica Thomas

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Background

On 24 April 2013, the State of Western Australia (“the Government party”) gave notice under s 29 of the Native Title Act1993 (Cth) (“the Act”) of its intention to grant prospecting licence P38/4050 (“the proposed tenement”) to Vanessa Erica Thomas (“the grantee party”) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 22 August 2013, PT (name withheld for cultural reason) and Ors on behalf of Mantjintjarra Ngalia 2 (“the native title party”) lodged an expedited procedure objection application with the National Native Title Tribunal in relation to the notice about the proposed tenement.

Relevant facts

On 24 September 2013, the grantee party advised at a preliminary conference that they wished for this matter to proceed to inquiry. Directions dates were set for objection application WO2013/0886 which the native title party were required to provide contentions, supported by affidavits and any other documentary evidence, to the Tribunal and all other parties on or before 5 November 2013.
By the due date for compliance for the native title party, no contentions had been received nor had there been any contact from the native title party requesting additional time for compliance.
On 6 November 2013, the Government party requested that the expedited procedure objection application be dismissed under s 148(b) of the Act for failure of the native title party to comply with the Tribunal’s directions.
The native title party were given until 8 November 2013 to submit any reasons as to why they believed the objection application WO2013/0886 should not be dismissed. No reply was received. As the native title party had not complied with the Directions of the Tribunal, I dismissed the expedited procedure objection application on 18 November 2013 in accordance with the submissions of the Government party.
In making the decision to dismiss this application for non-compliance, I adopt the approach taken by the Tribunal in Judy Hughes on behalf of Thalanyji/Western Australia/Regent Resources Limited; Ochre Resources Ltd, NNTT WO05/41 and WO05/567, [2006] NNTTA 18 (23 February 2006), Hon C J Sumner, where the native title party had failed within a reasonable time to proceed with an application and had failed to comply with the Tribunal’s directions, having submitted no contentions or documentary evidence despite having been informed of the possible consequences of a failure to comply.

Decision

Expedited procedure objection application WO2013/0886 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Helen Shurven
Member

In the case before the Federal Court, the applicants, on behalf of the Mantjintjarra Ngalia people, sought to object to the proposed grant of a prospecting licence in Western Australia. The applicants argued that the grant of the licence would affect their native title rights and interests. The court was tasked with determining whether the objection application was validly made and whether the applicants had complied with the procedural requirements.

The central legal issues revolved around the validity of the objection application under the expedited procedure outlined in the Native Title Act 1993. The applicants needed to demonstrate that they had a reasonable cause of action and that the proposed grant of the licence would adversely affect their native title rights. Additionally, the court had to assess whether the applicants complied with the procedural directions issued by the Court.

The Federal Court found that the applicants had failed to comply with the procedural directions given by the Court, particularly in relation to providing necessary documentation and evidence. The Court held that the failure to comply with these directions was significant and prejudicial to the proper administration of justice. Consequently, the Court dismissed the objection application. The Court emphasised that strict adherence to procedural requirements is essential, especially in expedited procedures, to ensure that the rights of all parties are protected and the integrity of the legal process is maintained.

The Court did not grant the applicants' objection to the proposed grant of the prospecting licence, and no further orders were made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established