The Buurabalayji Thalanyji Aboriginal Corporation/Western Australia/Geological Resources Pty Ltd

[2011] NNTTA 161

NATIONAL NATIVE TITLE TRIBUNAL

The Buurabalayji Thalanyji Aboriginal Corporation/Western Australia/Geological Resources Pty Ltd, [2011] NNTTA 161 (12 August 2011)

Application No:                 WO10/1118

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

-and-

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

The Buurabalayji Thalanyji Aboriginal Corporation (WD08/4) (native title party)

-and-

The State of Western Australia (Government party)

-and-

Geological Resources Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:              8 August 2011
Date of reasons:                 12 August 2011

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection application – failure to comply with directions – springing order dismissing expedited procedure objection application in 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

Representatives of the       

native title party:               Mr Jerome Frewen, Desert Management Pty Ltd

Representatives of the       

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

Representatives of the       

grantee party:  Mr Peter Del Fante, Corporate Tenement Services

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 12 July 2010, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of its intention to grant exploration licence E08/2084 to Geological Resources Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 9 August 2010, The Buurabalayji Thalanyji Aboriginal Corporation (‘the native title party’) made an expedited procedure objection application to the Tribunal.

Relevant facts

1. At a status conference on 13 July 2011 the grantee party requested a three week extension to compliance dates to allow time for the parties to continue negotiating and, if necessary, to collect evidence and prepare for inquiry. On 18 July 2011 I approved the grantee party’s request and imposed a springing order which has the effect of immediately dismissing the objection application pursuant to s 148(b) of the Act in the event of non-compliance by the native title party by the due date, being 8 August 2011 (see Dixon v Northern Territory of Australia [2002] NNTTA 48; (2002) 169 FLR 103).

2. Neither contentions nor evidence were received from the native title party on or before 8 August 2011 and no explanation was offered 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 has resulted in dismissal of WO10/1118.

Decision

1. Expedited procedure objection application WO10/1118 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
12 August 2011