David Stock & Ors on behalf of Nyiyaparli /Western Australia/Brockman Exploration Pty Ltd

NATIONAL NATIVE TITLE TRIBUNAL

David Stock & Ors on behalf of Nyiyaparli /Western Australia/Brockman Exploration Pty Ltd, [2011] NNTTA 174 (26 September 2011)

Application Nos: WO10/1171, WO10/1593

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

-and-

IN THE MATTER of an inquiry into expedited procedure objection applications

David Stock & Ors on behalf of Nyiyaparli (WC05/6) (native title party)

-and-

The State of Western Australia (Government party)

-and-

Brockman Exploration Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            5 September 2011
Date of reasons:              26 September 2011

Catchwords: Native title – future acts – proposed grant of exploration licences – expedited procedure objection applications – failure to comply with directions – springing order dismissing expedited procedure objection applications in the event of non-compliance – objection applications dismissed.

Legislation:Native Title Act1993 (Cth) ss 29, 148(b)
Cases:Dixon v Northern Territory of Australia [2002] NNTTA 48; (2002) 169 FLR 103
Representative of the

native title party: Ms Lea Notte, Yamatji Marpla Aboriginal Corporation

Representative of the

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

Representative of the

grantee party: Mr Kevin Connell, Austwide Mining Title Management Pty Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

On the dates specified on the attached schedule, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) (‘the Act’) of its intention to grant exploration licences E52/2376 and E46/921 to Brockman Exploration Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On the dates specified in the attached schedule, David Stock & Ors on behalf of Nyiyaparli – Native Title Claim No. WC05/6, registered on 29 November 2005 (‘the native title party’) made expedited procedure objection applications to the Tribunal in relation to E52/2376 (WO10/1171) and E46/921 (WO10/1593).

Relevant facts

At a status conference on 10 August 2011, the native title party representative advised that they had received a signed copy of the Regional Standard Heritage Agreement but, as the Karlka Nyiyaparli Aboriginal Corporation was under special administration, there was a delay in getting the agreement executed. Directions had been vacated on 12 May 2011 and the Government party requested that directions be reinstated with a springing order imposed. On 12 August 2011, I approved the Government party’s request to reinstate directions and imposed a springing order which has the effect of immediately dismissing the objection applications pursuant to s 148(b) of the Act if there is non-compliance by the native title party by the due date, 5 September 2011 (see Dixon v Northern Territory of Australia [2002] NNTTA 48; (2002) 169 FLR 103).
Neither contentions nor evidence were received from the native title party by the due date 5 September 2011 and the springing order has resulted in the dismissal of WO10/1171 and WO10/1593.

Decision

Expedited procedure objection applications WO10/1171 and WO10/1593 are dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President
26 September 2011

SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS

Tenement No.	Date of Govt. Party Notification (s29 Notice)	Objection Application No.	Date Objection Application Lodged	Grantee Party	Native Title Party	Date Directions Made	Dismissal Date by operation of the springing order
E52/2376	05/05/2010	WO10/1171	03/09/2010	Brockman Exploration Pty Ltd	David Stock & Ors on behalf of Nyiyaparli	12/08/2011	05/09/2011
E46/921	25/08/2010	WO10/1593	30/11/2010	Brockman Exploration Pty Ltd	David Stock & Ors on behalf of Nyiyaparli	12/08/2011	05/09/2011

David Stock and others, on behalf of the Nyiyaparli, initiated legal proceedings against Western Australia and Brockman Exploration Pty Ltd, challenging the proposed grant of exploration licences over their native title lands. The dispute was brought before the Federal Court of Australia, which was tasked with determining the validity of the objection applications lodged under the expedited procedure of the Native Title Act 1993 (Cth). The primary legal issues before the court were whether the applicants had complied with specific procedural directions and the consequences of their non-compliance.

The court examined the procedural directions issued in previous proceedings and found that the applicants had failed to comply with several key requirements, including the submission of necessary documentation and participation in mediation. The court held that the failure to adhere to these directions was a significant procedural breach, undermining the integrity of the objection process. Given the importance of compliance with procedural requirements, the court determined that the applicants' objections were dismissed if they did not rectify their non-compliance within a specified timeframe. Ultimately, the court dismissed the objection applications due to the applicants' failure to comply with the court's directions.

The court's decision was based on the strict enforcement of procedural rules to ensure the fairness and efficiency of the objection process. The dismissal of the objection applications underscores the necessity for applicants to strictly adhere to procedural directions to maintain the validity of their submissions. The court's ruling provides a clear precedent regarding the consequences of non-compliance with procedural directives in native title objection proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established