Ronald Crowe & Others on behalf of Gnulli/Western Australia/Shaw River Resources Ltd

[2011] NNTTA 77

NATIONAL NATIVE TITLE TRIBUNAL

Ronald Crowe & Others on behalf of Gnulli/Western Australia/Shaw River Resources Ltd, [2011] NNTTA 77 (6 May 2011)

Application Nos:             WO10/415, WO10/416

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

-and-

IN THE MATTER of an inquiry into expedited procedure objection applications

Ronald Crowe & Others on behalf of Gnulli (WC97/28) (native title party)

-and-

The State of Western Australia (Government party)

-and-

Shaw River Resources Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            4 April 2011
Date of reasons:              6 May 2011

Catchwords: Native title – future acts – proposed grant of exploration licences – expedited procedure objection applications – failure to comply with directions – springing order dismissing expedited procedure objection applications in the event of non-compliance – objection application dismissed.

Legislation:Native Title Act1993 (Cth) ss 29, 148(b)

Cases:Dixon v Northern Territory of Australia [2002] NNTTA 48; (2002) 169 FLR 103

Representative of the

native title party:             Ms Alissa Lovering, Yamatji Marpla Aboriginal Corporation

Representative of the      

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

Representative of the

grantee party:                 Mr Greg Abbott, M & M Walter Consulting Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 18 November 2009, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) (‘the Act’) of its intention to grant exploration licences E09/1681 and E09/1682 (the proposed licences) to Shaw River Resources Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

2. On 18 March 2010, Ronald Crowe & Others on behalf of Gnulli – Native Title Claim No. WC97/28 registered on 14 April 1997 (the native title party) made expedited procedure objection applications to the Tribunal in relation to E09/1618 (WO10/415) and E09/1682 (WO10/416).

Relevant facts

1. At a status conference on 11 February 2011, the grantee party advised that they would not accept some of the clauses within the Alternative Heritage Agreement (AHA). Parties were asked to decide how they wished to proceed with the matters and on this basis the native title party requested a six week extension to directions. On 11 February 2011, I approved the native title party’s request to amend directions and imposed a springing order automatically dismissing the objections pursuant to s 148(b) of the Act in the event of non-compliance by the native title party by the due date, 4 April 2011 (see Dixon v Northern Territory of Australia [2002] NNTTA 48; (2002) 169 FLR 103).

2. Neither contentions nor evidence have been received from the native title party by the due date 4 April 2011 and no explanation has been provided for the failure to comply with the Tribunal’s directions despite the native title party having been informed of the possible consequences of a failure to comply. The springing order applied has resulted in the dismissal of WO10/415 and WO10/416.

Decision

1. Expedited procedure objection applications WO10/415and WO10/416 are dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President
6 May 2011