Wintawari Guruma Aboriginal Corporation on behalf of Eastern Guruma/ Western Australia/ Jayvee Resources Pty Ltd

[2013] NNTTA 135

NATIONAL NATIVE TITLE TRIBUNAL

Wintawari Guruma Aboriginal Corporation on behalf of Eastern Guruma/ Western Australia/ Jayvee Resources Pty Ltd [2013] NNTTA 135 (5 September 2013)

Application No:         WO2012/1132

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

-and-

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

Wintawari Guruma Aboriginal Corporation -  
on behalf of Eastern Guruma  (WCD2007/001)  (native title party)

-and-

The State of Western Australia   (Government party)

-and-

Jayvee Resources Pty Ltd   (grantee party)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATION

Tribunal:  Member Helen Shurven
Place:  Perth
Date of dismissal:            20 August 2013
Date of reasons:              5 September 2013

Catchwords:   Native title – future act – proposed grant of exploration permit - 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:              Mr Jerome Frewen, Desert Management Pty Ltd

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 APPLICATIONS

Background

1. On 3 October 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 permit E47/2683 (“the proposed tenement”) to Jayvee Resources Pty Ltd (“the grantee party”) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 17 October 2012, the Wintawari Guruma Aboriginal Corporation on behalf of Eastern Guruma (“the native title party”) lodged an expedited procedure objection application with the National Native Title Tribunal in relation to the notice about the proposed tenement.

Relevant facts

1. On 29 May 2013, as no progress had been made and no agreement was imminent, objection application WO2012/1132 was programmed for inquiry. Directions dates were reinstated by 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.

2. 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.

3. On 13 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.

4. The native title party was given until 15 August 2013 to submit any reasons as to why they believed the objection application 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 20 August 2013 in accordance with the submissions of the Government party.

5. 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

1. Expedited procedure objection application WO2012/1132 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Helen Shurven
Member