Raymond Ashwin on Behalf of the Wutha People (WC99/10)/Western Australia/Heron Resources NL

[2000] NNTTA 118

NATIONAL NATIVE TITLE TRIBUNAL

Raymond Ashwin on behalf of the Wutha People (WC99/10)/Western Australia/Heron Resources NL, [2000] NNTTA 118 (10 March 2000)

Application:   WO99/140

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

Raymond Ashwin on behalf of the Wutha People (WC99/10) (native title party)

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The State of Western Australia (Government party)

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Heron Resources NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:Hon. C J Sumner

Place:Perth

Date:10 March 2000

Catchwords:          Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of prospecting licences –failure to comply with directions – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(b)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 16 June 1999, the Government party gave notice of its intention to grant prospecting licences P37/5830, P37/5831, P37/5832 and P37/5833 to Heron Resources NL (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

On 8 September 1999, Raymond Ashwin on behalf of the Wutha People (‘the native title party’) made an objection to inclusion in an expedited procedure application to the Tribunal.

The Tribunal set directions on 26 November 1999 in preparation for a hearing.  These required the Government party to provide its statement of contentions and documents by 14 January 2000, and the native title and grantee parties to provide their statement of contentions and documents by 21 January 2000.  The Government party did not comply with the directions relating to it until 8 February 2000.  At a listing hearing on 11 February 2000, because of the delay in compliance by the Government party, the Tribunal amended the directions to require the native title party to comply by 25 February 2000.  The grantee party intended to rely on the Government party’s contentions and documents.  By the time of a listing hearing on 3 March 2000, the native title party had still not complied.  Their legal representative (the Goldfields Land Council) was advised on 7 March 2000 that the Tribunal intended to dismiss the application in that week and to contact the Tribunal’s Case Manager if in need of assistance.  No response has been received.

Decision

The applicant (native title party) has failed to comply with a direction by the Tribunal and accordingly the objection application is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth) (as amended).

Hon CJ Sumner
Member

10 March 2000