Wilma Freddie and Others on behalf of the Wiluna People/Western Australia/Abra Mining Ltd

[2010] NNTTA 85

NATIONAL NATIVE TITLE TRIBUNAL

Wilma Freddie and Others on behalf of the Wiluna People/Western Australia/Abra Mining Ltd, [2010] NNTTA 85 (23 June 2010)

Application No:                 WO09/941

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

-and-

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

Wilma Freddie and Others on behalf of the Wiluna People – WC99/24 (native title party)

-and-

The State of Western Australia (Government party)

-and-

Abra Mining Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of decision:                15 June 2010
Date of reasons:                 23 June 2010

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

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

Cases:Wilma Freddie and Others on behalf of the Wiluna People/Western Australia/Gerard Victor Brewer, NNTT WO09/938-939 [2010] NNTTA 73 (31 May 2010))

Representative of the        Ms Irene Assumpter Akumu

native title party:              Central Desert Native Title Services Limited

Representatives of the      Mr Greg Abbott, Department of Mines and Petroleum

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

Representative of the

grantee party:  Mr Eamon Cornelius, Western Tenement Services

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 12 August 2009, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) (‘the Act’) of its intention to grant prospecting licence P53/1514 (‘the proposed licence’) to Abra Mining Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 4 December 2009, Wilma Freddie and Others on behalf of the Wiluna People (WC99/24 registered from 24 September 1999) (‘the native title party’) made an expedited procedure objection application to the Tribunal in relation to the proposed licence.

Relevant facts

1. At several preliminary and status conferences, parties negotiated the possibility of using an agreement similar to one signed previously to resolve the matter by withdrawal of the objection.  The grantee party requested inquiry on 31 March 2010 after reviewing the native title party preferred agreement.

2. The Tribunal made directions on 22 March 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 25 May 2010. 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.

3. The Government party has complied with directions and no submissions have been received from the native title party or the grantee party.

4. On 24 May 2010, the native title representative advised the Tribunal that the native title party would not be submitting any contentions and would leave it to the Tribunal to make a decision using the information contained in the Form 4 objection application.

1. At the listing hearing on 10 June 2010 the native title party did not have any further comments on the matter or their failure to submit contentions and evidence. The State requested dismissal of the objection pursuant to s 148(b) due to native title party non-compliance, the grantee party supported this request.

2. 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.  I have previously considered a similar case involving the same native title party as in the present matter (see Wilma Freddie and Others on behalf of the Wiluna People/Western Australia/Gerard Victor Brewer, NNTT WO09/938-939 [2010] NNTTA 73 (31 May 2010) at [8]–[9]) and adopt the principles referred to therein and in the case cited. In particular the information contained in the Form 4 is on its own an inadequate basis upon which to make a determination and does not satisfy the requirements of the Tribunal’s directions. I note the Government party will impose a condition on the grant giving the native title party the option of entering into a Regional Standard Heritage Agreement with the grantee party.

3. The native title party was aware from at least 31 March 2010 that an inquiry was required, and has failed to comply with a direction of the Tribunal.

Decision

1. Expedited procedure objection application WO09/941 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
23 June 2010