Valerie Ashburton on behalf of the Thalanyji people/Western Australia/Eastern Goldfields Exploration Pty Ltd
[2007] NNTTA 104
•5 December 2007
NATIONAL NATIVE TITLE TRIBUNAL
Valerie Ashburton on behalf of the Thalanyji people/Western Australia/Eastern Goldfields Exploration Pty Ltd, [2007] NNTTA 104 (5 December 2007)
Application No: WO07/594
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of an inquiry into an expedited procedure objection application
Valerie Ashburton on behalf of the Thalanyji People – WC99/45 (native title party)
-and-
The State of Western Australia (Government party)
-and-
Eastern Goldfields Exploration Pty Ltd (grantee party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of dismissals: 3 December 2007
Date of reasons: 5 December 2007
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 Act 1993 (Cth) s 148(b)
Cases:Leonne Velickovic on behalf of the Widji People/Western Australia/Frederick Saunders, NNTT WO05/564, [2006] NNTTA 76 (15 June 2006), Hon C J Sumner
Representative of the
native title party: Mr Jerome Frewen, Desert Management Pty Ltd
Representatives of the Mr Greg Abbott, Department of Industry and Resources
Government party: Ms Jan Mason, Department of Industry and Resources
Representative of the
Grantee Party Mr Matthew Clohessy, Emerald Tenement Services
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
On 4 July 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E08/1784 to Eastern Goldfields Exploration Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 15 July 2007, Valerie Ashburton on behalf of the Thalanyji People (WC99/45 – registered from 7 February 2000) (‘the native title party’) made an expedited procedure objection application to the Tribunal.
Relevant Facts
The Tribunal made directions on 31 August 2007 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 3 December 2007. The directions imposed a springing order which has the effect of immediately dismissing the objection application pursuant to s 148(b) of the Native Title Act if there is non-compliance by close of business on 3 December 2007. In making the decision to impose the springing order I adopted the Tribunal’s findings in Leonne Velickovic on behalf of the Widji People/Western Australia/Frederick Saunders, NNTT WO05/564, [2006] NNTTA 76 (15 June 2006), Hon C J Sumner at [15] – [21]. The native title party has failed to comply by the due date.
Decision
Expedited procedure objection application WO07/594 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Hon C J Sumner
Deputy President
5 December 2007
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