Tjurabalan Native Title Lands Aboriginal Corporation/Western Australia/Northern Minerals Ltd

[2012] NNTTA 67

NATIONAL NATIVE TITLE TRIBUNAL

Tjurabalan Native Title Lands Aboriginal Corporation/Western Australia/Northern Minerals Ltd, [2012] NNTTA 67 (18 June 2012)

Application No:                 WO11/1002

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

-and-

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

Tjurabalan Native Title Lands Aboriginal Corporation      (native title party)

-and-

The State of Western Australia   (government party)

-and-

Northern Minerals Ltd   (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:  John Sosso
Place:  Brisbane
Date of dismissal:              4 June 2012
Date of reasons:                 18 June 2012

Catchwords:  Native title – future act – proposed grant of prospecting licence – expedited procedure objection application – failure within a reasonable time to proceed with 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 Thalanji/Western Australia/Regent Resources Limited; Ochre Resources Ltd, NNTT WO05/41 and WO05/567, [2006] NNTTA 18 (23 February 2006), Hon C J Sumner

Representatives

Native title party:              Ms Ania Maszkowski, Kimberley Land Council  

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

Grantee party:                   Mr Greg Abbott, M & M Walter Consulting

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Background

1. On 28 April 2011, the State of Western Australia (“the government party”) gave notice under s. 29 of the Native Title Act1993 (Cth) of its intention to grant prospecting licence P80/1762 (“the proposed tenement”) to Northern Minerals Ltd (“the grantee party”) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 29 August 2011, Tjurabalan Native Title Lands Aboriginal Corporation (“the native title party”) lodged an expedited procedure objection application with the Tribunal in relation to P80/1762.

Relevant facts

1. At an adjourned status conference for expedited procedure objection application WO11/1002 on 29 February 2012 the native title party representative advised that they were seeking instructions from the working group on whether the proposed tenement can be included in an existing agreement. The matter was adjourned to the Listing Hearing and Directions were made requiring the native title party to provide contentions, supported by affidavits and any other documentary evidence, to the Tribunal and all other parties on or before 2 April 2012.

2. At the Listing Hearing on 12 April 2012 the native title party confirmed that the proposed tenement would not be included in any existing agreement. All parties agreed to proceed to inquiry. The native title party requested further time to comply as extreme weather conditions had delayed their ability to gather evidence. On 27 April 2012 the Directions were amended requiring the native title party to lodge contentions to the Tribunal and all other parties on or before 30 April 2012.

3. By the due date for compliance by the native title party, no contentions had been received nor had there been any contact from the native title party requesting additional time for compliance.

4. A Listing Hearing was convened on 24 May 2012 at which time the government party requested that the expedited procedure objection application be dismissed under s. 148(b) of the Act for failure of the native title party to comply with the Tribunal’s directions. The grantee party agreed with this request.

5. As the native title party had not complied with the Directions of the Tribunal, I dismissed the expedited procedure objection application on 4 June 2012 in accordance with the submissions of the government and grantee parties.

6. 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 that the native title party has failed within a reasonable time to proceed with the application and to comply with the Tribunal’s directions having submitted no contentions or documentary evidence despite having been informed of the possible consequences of a failure to comply.

Decision

1. Expedited procedure objection application WO11/1002 is dismissed pursuant to s. 148(b) of the Native Title Act 1993 (Cth).

John Sosso
Deputy President