Roy Dixon on behalf of the Gurdanji and Waanyi People – DC00/21/Northern Territory/Ashton Mining Ltd

[2002] NNTTA 62

NATIONAL NATIVE TITLE TRIBUNAL

Roy Dixon on behalf of the Gurdanji and Waanyi People – DC00/21/Northern Territory/Ashton Mining Ltd, [2002] NNTTA 62 (23 April 2002)

Application No: DO01/141

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

-and-

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

Roy Dixon on behalf of the Gurdanji and Waanyi People – DC00/21 (Native Title Party)

-and-

The Northern Territory of Australia (Government Party)

-and-

Ashton Mining Ltd (Grantee Party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                   Prof. Douglas Williamson QC
Place:  Darwin
Date:  23 April 2002

Hearing Date:           15 April 2002

Government Party:   Mr Daniel Lavery, Solicitor for the Northern Territory

Native Title Party:    Mr Ron Levy, Solicitor for the Northern Land Council

Grantee Party:         Mr Jeff Wilkie

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

Legislation:Native Title Act 1993 (Cth) s148(b).

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On the 22 August 2001, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant EL/10190 to Ashton Mining Ltd (‘the grantee party’) and included in the Notice a statement that it considered that the grant attracted the expedited procedure.

1. On 21 December 2001, Roy Dixon on behalf of the Gurdanji and Waanyi People (‘the native title party’) made an expedited procedure objection application to the Tribunal.

1. On 15 April 2002, upon hearing submissions and with the consent of all parties, the Tribunal directed that:

1. On or before 22 April 2002 the native title party shall provide the following to the Tribunal and each other party:

   (a)a statement of contentions.

   Statement of contentions to include:

   ·     a statement of the nature and location of sites or areas of significance on or adjacent to the subject tenements, identifying in each case the particular significance of the site or area; and

   ·     a statement of the community or social activities of the native title party that it is contended is likely to be interfered with directly by the grant of the tenement.

   (b)a copy of each document relevant to the Inquiry (including any affidavit to be relied on).

   Documents claimed to be of a confidential nature are to be placed in a separate sealed envelope, marked “Confidential” and provided to the Tribunal with a list (which is provided to the other parties) indicating the nature of the documents and the manner in which it is proposed they may be used by the Tribunal; and

   (c)if a request is made for an oral hearing, a statement of the evidence to be given by any witness for the native title party and the details of where the party proposes that the evidence be heard.

1. If the native title party does not comply with direction (1) by
   

4.30pm on 22 April 2002, the application shall forthwith stand dismissed by the Tribunal pursuant to s.148(b) of the Native Title Act1993 (Cth).

1. Liberty to apply for a further listing hearing if necessary.

1. The native title party (applicant) has failed to comply with Directions (1)
   and (2) made by the Tribunal on 15 April 2002.

Decision

1. The objection application is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth) in accordance with the terms of the Directions.

Prof. Douglas Williamson QC
23 April 2002