Yinhawangka Gobawarrah Registered Native Title Claimants v Philip Richard Jamieson

[2018] NNTTA 39

NATIONAL NATIVE TITLE TRIBUNAL

Yinhawangka Gobawarrah Registered Native Title Claimants v Philip Richard Jamieson and Another [2018] NNTTA 39 (6 July 2018)

Application No:                WO2018/0078 – WO2018/0089

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

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

Yinhawangka Gobawarrah Registered Native Title Claimants (WC2016/004) (native title party)

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Philip Richard Jamieson (grantee party)

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State of Western Australia  (Government party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:	Ms H Shurven, Member
Place:	Perth
Date:	6 July 2018

Catchwords:	Native title – future act – proposed grant of prospecting licences – expedited procedure objection applications – failure to comply with directions – objection applications dismissed
Legislation:	Native Title Act 1993 (Cth) ss 29, 148(b)
Representative of the native title party:	Shzan Plandowski, Cross Country Native Title Services Pty Ltd

Representative of the grantee party: Eamon Cornelius, Principal/Tenement Consultant, Western Tenement Services

Representatives of the Government party: Bethany Conway and Matthew Smith, Department of Mines, Industry Regulation and Safety

REASONS FOR DETERMINATION

Background

1. On 13 December 2017, the State Government of Western Australia gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licences P08/699, P08/700, P08/701, P08/702, P08/703, P08/704, P08/707, P08/708, P08/709, P08/710, P08/711 and P08/712 to Philip Richard Jamieson. The area of the proposed licences are overlapped by the Yinhawangka Gobawarrah native title claim (WC2016/004), at between 1.67 per cent and 100 per cent. By including an expedited procedure statement in the public advertisement of the licences, the State asserted the grant of each licence could be made without requiring Mr Jamieson or the State to negotiate with the Yinhawangka Gobawarrah claim group.

2. On 12 February 2018, the Yinhawangka Gobawarrah claim group lodged objections with the National Native Title Tribunal against the application of the expedited procedure to the grant of each of these licences. To answer the question of whether the licences can be granted in such an expedited way, I was appointed by the then President of the Tribunal, Raelene Webb QC, to be the Member conducting the inquiry in these matters.

Should the inquiry proceed or should the matter be dismissed?

1. On 3 May 2018, Mr Jamieson’s representative requested the objection applications be programmed for inquiry.  On 10 May 2018, I made directions requiring all parties to produce contentions and evidence for the conduct of each inquiry, to determine whether or not the expedited procedure was attracted to the grant of the licences.  The Yinhawangka Gobawarrah claim group were directed to provide a statement of contentions, documentary evidence and witness statements, verified where possible by affidavit, on or before 21 June 2018.  In advance of their compliance date, the Yinhawangka Gobawarrah claim group representative requested a brief extension of the compliance date, which was not opposed by the State or Mr Jamieson.  I granted the extension which meant compliance was now 28 June 2018.

2. The Yinhawangka Gobawarrah claim group did not provide contentions or evidence, or request further time to provide the requisite documents. On 29 June 2018, the State wrote to the Tribunal and all parties, requesting the objections be dismissed on the basis that the Yinhawangka Gobawarrah claim group had failed, within a reasonable time, to proceed with the objection or comply with the Tribunal’s directions. 

3. On 2 July 2018, the representative for the claim group wrote to the Tribunal and all parties, in response to the State’s request for dismissal of the objection applications, as follows:

   We advise that, in the particular circumstances of this matter, we are not instructed to proceed with the objection or to resist the State’s request that the objection be dismissed under s 148(b).

   Our client’s position regarding the Objection is informed by the fact that the Grantee Party is an individual prospector who intends only to carry out low impact prospecting activities on the tenements. However, should the Grantee Party seek in future to apply for an exploration licence or wish to carry out any high impact exploration activities on the Yinhawangka Gobawarrah claim area, then it is expected that the Grantee Party will seek to enter into an appropriate heritage agreement with our client.

4. On 4 July 2018 the Tribunal emailed all parties acknowledging the request for dismissal from the State, and the response of the Yinhawangka Gobawarrah claim group, and requested Mr Jamieson’s comments. The same day, Mr Jamieson’s representative replied, supporting the dismissal of the objection applications.

Determination

1. The objection applications against prospecting licences P08/699, P08/700, P08/701, P08/702, P08/703, P08/704, P08/707, P08/708, P08/709, P08/710, P08/711 and P08/712 are dismissed, according to s 148(b) of the Native Title Act 1993 (Cth).

Ms H Shurven
Member
6 July 2018