Raymond Ashwin on behalf of the Wutha People (WC99/10)/Western Australia/Warwick J Flint

[2000] NNTTA 10

NATIONAL NATIVE TITLE TRIBUNAL

Raymond Ashwin on behalf of the Wutha People (WC99/10)/Western Australia/Warwick J Flint, [2000] NNTTA 10 (13 January 2000)

Application:   WO99/174

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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Warwick J Flint (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:Hon EM Franklyn QC, Deputy President.

Place:Perth

Date:13 January 2000

Catchwords:          Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of prospecting application –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 or before 2 June 1999, the Government party gave notice of its intention to grant prospecting applications 37/5821 and 37/5822 to Warwick J Flint (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 15 September 1999 Raymond Ashwin (‘the native title party’) made an objection to inclusion in an expedited procedure application to the Tribunal.

The Tribunal set directions to begin on 18 November 1999 in preparation for a formal hearing.  The directions, or formal orders, included specific submission dates for each participating party.  Each party was required to provide the Tribunal with its statement of contentions and documents relevant to the inquiry on or before the indicated submission date.  The directions provided for liberty to apply to vary the directions

The government party complied with the first direction, albeit belatedly. The native title party sought and was granted an extension of time in which to comply with the second direction. The native title party then complied only in part with the second direction. A listing hearing was convened on 17 December 1999, at which further directions were made. The first of these directions granted the native title party an extension of time until 10 January 2000 in which to comply with the second direction. The first direction made on 17 December 1999 also provided that failure to fully comply with the direction would result in dismissal of the objection application pursuant to section 148 (b) of the Native Title Act 1993. The Tribunal has not received any further documentation from the native title party.

Decision

The applicant (native title party) having failed to comply with the said direction the objection application is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth) (as amended).

The Hon. E.M. Franklyn QC
Deputy President

13 January 2000