Wanparta Aboriginal Corporation on behalf of its members/ Western Australia/ FMG Pilbara Pty Ltd
[2013] NNTTA 110
•12 August 2013
NATIONAL NATIVE TITLE TRIBUNAL
Wanparta Aboriginal Corporation on behalf of its members/ Western Australia/ FMG Pilbara Pty Ltd [2013] NNTTA 110 (12 August 2013)
Application No: WO2012/1209
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of an inquiry into an expedited procedure objection application
Wanparta Aboriginal Corporation on behalf of its (native title party)
members - (WCD2007/003)
-and-
The State of Western Australia (Government party)
-and-
FMG Pilbara Pty Ltd (grantee party)
DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION
Tribunal: Member Helen Shurven
Place: Perth
Date of dismissal: 12 August 2013
Date of reasons: 12 August 2013
Catchwords: Native title – future act – proposed grant of exploration licence - expedited procedure objection application – failure to comply with directions – expedited procedure objection application dismissed.
Legislation:Native Title Act1993 (Cth), s 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 Susan Clayton, MacLean Legal
Government party: Mr Clyde Lannan, Department of Mines and Petroleum
Grantee party Ms Nerolie Nikolic, Fortescue Metals Group Ltd
REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS
Background
On 25 July 2012, the State of Western Australia (“the Government party”) gave notice under s 29 of the Native Title Act1993 (Cth) (“the Act”) of its intention to grant exploration licence E45/3746 (“the proposed tenement”) to FMG Pilbara Pty Ltd (“the grantee party”) and included in the notice a statement that it considered that the grant attracted the expedited procedure.
On 12 November 2012, the Wanparta Aboriginal Corporation on behalf of its members (“the native title party”) lodged an expedited procedure objection application with the National Native Title Tribunal (“the Tribunal”) in relation to the notice about the proposed tenement.
Relevant facts
On 26 June 2013, parties advised the Tribunal that an agreement was not imminent. Directions dates were set for which the native title party was required to provide contentions, supported by affidavits and any other documentary evidence, to the Tribunal and all other parties on or before 5 August 2013.
By the due date for compliance for 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.
On 6 August 2013, 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 native title party was given until 9 August 2013 to submit any reasons as to why they believed the objection application WO2012/1209 should not be dismissed. No reply was received. As the native title party had not complied with the Directions of the Tribunal, I dismissed the expedited procedure objection application on 12 August 2013 in accordance with the submissions of the Government party.
In making the decision to dismiss this application for non-compliance, I adopt the approach taken by the Tribunal 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, where the native title party had failed within a reasonable time to proceed with an application and had failed 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
Expedited procedure objection application WO2012/1209 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
Helen Shurven
Member
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