Valerie Ashburton & Others on behalf of the Thalanyji People/Western Australia/Lauritz Barnes

[2008] NNTTA 132

NATIONAL NATIVE TITLE TRIBUNAL

Valerie Ashburton & Others on behalf of the Thalanyji People/Western Australia/Lauritz Barnes, [2008] NNTTA 132 (26 September 2008)

Application No:                 WO07/445

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 & Others on behalf of the Thalanyji People – WC99/45 (native title party)

-and-

The State of Western Australia (Government party)

-and-

Lauritz Barnes (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:               18 September 2008

Date of reasons:                 26 September 2008

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) s 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

Representatives of the         Mr Greg Abbott, Department of Industry and Resources

Government party:             Ms Violet Jacobs, Department of Industry and Resources

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 6 June 2007, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licence E08/1775 to Lauritz Barnes (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 18 June 2007, Valerie Ashburton & Others on behalf of the Thalanyji People – Native Title Claim No. WC99/45, registered from 7 February 2000 - (‘the native title party’) made an expedited procedure objection application to the Tribunal.

Relevant facts

1. The Tribunal made directions on 1 August 2008 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 8 September 2008. 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. The Government party has complied with directions.  To date no contentions or evidence, nor any application in relation to the date for compliance, have been received from the native title party.

3. At the Listing Hearing of 18 September 2008 the Government and grantee parties each 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 was not present at the Listing Hearing.

4. The Thalanyji native title party has a history of non-compliance with the Tribunal’s directions (see for example 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) (‘Ochre Resources’)).  For the same reasons as those in Ochre Resources I find that the native title party has not complied with a direction of the Tribunal and that the objection should therefore be dismissed.

Decision

1. The applicant (native title party) has failed to comply with a direction of the Tribunal and accordingly the objection application WO07/445 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
26 September 2008