The Buurabalayji Thalanyji Aboriginal Corporation/Western Australia/Twelve Mile Pty Ltd

[2010] NNTTA 200

NATIONAL NATIVE TITLE TRIBUNAL

The Buurabalayji Thalanyji Aboriginal Corporation/Western Australia/Twelve Mile Pty Ltd, [2010] NNTTA 200 (14 December 2010)

Application No:                 WO10/624

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 – WC99/45 (native title party)

-and-

The State of Western Australia (Government party)

-and-

Twelve Mile Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:              11 November 2010

Date of reasons:                 14 December 2010

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

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

Cases:Judy Hughes on behalf of Thalanyji/Western Australia/Regent Resources Limited; Ochre Resources Ltd, NNTT WO05/41 and WO05/567, [2006] NNTTA 18 (23 February 2006), Hon C J Sumner

Representative of the        

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

Representative of the        

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

Representative of the  

grantee party  Mr Dennis Hawtin, Giralia Resources NL

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 5 May 2010, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licence E08/2041 (‘the proposed licence’) to Twelve Mile Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 11 May 2010, The Buurabalayji Thalanyji Aboriginal Corporation (‘the native title party’) made an expedited procedure objection application to the Tribunal in relation to the proposed licence.

Relevant facts

1. The Tribunal made directions on 31 May 2010, requiring all parties to produce contentions and evidence for the conduct of the inquiry to determine whether or not the expedited procedure was attracted. The native title party was to provide a statement of contentions, documentary evidence and witness statements verified where possible by affidavits on or before 11 January 2011. The directions contain a statement that the objection may be dismissed pursuant to s 148(b) of the Act if the objector fails within a reasonable time to proceed with the application or to comply with a direction of the Tribunal.

2. At the preliminary conference on 22 June 2010, the grantee party representative, Mr Dennis Hawtin, requested the matter proceed to inquiry.  The Government party requested an amendment to directions which the grantee party supported.  Accordingly, on 5 July 2010, I amended directions for native title party compliance on or before 11 October 2010.

3. At the listing hearing on 21 October 2010, the Government party sought dismissal of the objection pursuant to s 148(b) of the Act on the basis of non-compliance with a direction of the Tribunal by the native title party. The native title party representative was not in attendance at the listing hearing. Consequently the native title party was given a week to respond to the request for dismissal. However no submissions in relation to the native title party’s failure to comply or in response to the request for dismissal were received. On 11 November 2010, I dismissed the expedited procedure objection application.

1. I find that the native title party has failed to comply with a direction of the Tribunal and has provided no satisfactory explanation for its failure to do so.  In making the decision to dismiss this application for non-compliance, I adopt the Tribunal’s findings in Judy Hughes on behalf of Thalanyji/Western Australia/Regent Resources Limited; Ochre Resources Ltd, NNTT WO05/41 and WO05/567, [2006] NNTTA 18 (23 February 2006), Hon C J Sumner.

Decision

1. Expedited procedure objection application WO10/624 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
14 December 2010