Leonne Velickovic on behalf of the Widji People/Western Australia/New Hampton Goldfields Ltd

[2006] NNTTA 77

NATIONAL NATIVE TITLE TRIBUNAL

Leonne Velickovic on behalf of the Widji People/Western Australia/New Hampton Goldfields Ltd; [2006] NNTTA 77 (15 June 2006)

Application No:        WO05/533

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

-and-

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

Leonne Velickovic on behalf of Widji People – WC98/27 (native title party)

-and-

The State of Western Australia (Government party)

-and-

New Hampton Goldfields Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date of dismissal:            15 May 2006
Date of reasons:              15 June 2006

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

Legislation:Native Title Act 1993 (Cth) 148(b)

Cases:Leonne Velickovic on behalf of the Widji People/Western Australia/Frederick Saunders, NNTT WO05/564, [2006] NNTTA 76 (15 June 2006), Hon C J Sumner

Representative of the

native title party:               Mr Jerome Frewen, Desert Management Pty Ltd

Representative of the

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

Representatives of the       

Government party:           Mr Clyde Lannan, Department of Industry and Resources

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On 24 August 2005, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E15/700 to New Hampton Goldfields Ltd and included in the notice a statement that the Government party considered that the grant attracted the expedited procedure.

2. On 30 August 2005, Leonne Velickovic on behalf of the Widji People – Native Title Claim No. WC98/27 registered on 15 June 1998 – (‘the native title party’) lodged expedited procedure an objection applications with the Tribunal in relation to E15/700. 

Relevant Facts

1. The Tribunal made directions on 14 September 2005 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 26 April 2006. The directions contain a statement that an 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.

2. On 11 October 2005 the Tribunal was advised by the grantee parties that agreement was not possible in these matters. Accordingly, after giving the native title party an opportunity to make submissions in relation to proposed dates, on 23 November 2005, I amended the directions for the native title party to comply four weeks after the objection closing date (or four weeks after an Inquiry has been requested in circumstances where the closing date has passed).  This was in accordance with the Tribunal’s practice to bring compliance dates forward to eliminate the standard 16 week negotiating period in matters where it is clear that agreement cannot be reached (see Procedures under the Right to Negotiate Scheme – 27 January 2005 (paras 3.8.2, 3.9.3) website act/procedures and guidelines).  The amended directions required native title party compliance on or before 20 March 2006.  

3. The Government party was due to comply by 13 March 2006 but did not do so until 3 April 2006.  However, by the Listing Hearing, scheduled for 28 April 2006, the native title party had still not complied with the Tribunal’s directions.  At the Listing Hearing, in light of the delay in compliance by the Government party, I intimated that further time for the native title party to comply should be allowed and that I was considering a ‘springing order’ which would result in the automatic dismissal of the objection if the native title party did not comply by the due date based on the approach adopted and submissions received in Leonne Velickovic on behalf of the Widji People/Western Australia/Frederick Saunders, NNTT WO05/564, [2006] NNTTA 76 (15 June 2006), Hon C J Sumner.

4. Based on the approach adopted in WO05/564 and in the absence of any submissions to the contrary the Tribunal made directions for the native title party to comply by 15 May 2006 and imposed the following springing order:

   ‘(2)Should the native title party not comply with Direction (2) by close of business 15 May 2006, the Tribunal pursuant to s 148(b) of the Native Title Act 1993 (Cth) shall forthwith dismiss the expedited procedure objection application WO05/533.’

The parties were informed that the effect of Direction 2 was that the objection would be automatically dismissed without hearing the parties further if the native title party did not comply by the springing order date.  As there was no compliance by 15 May 2006, the objection was automatically dismissed and the parties informed on 16 May 2006.

1. I adopt my findings in WO05/564 at [15] – [21] as a basis for dismissal of the objection in this matter.

Decision

1. Expedited procedure objection application WO05/533 is dismissed pursuant to s 148(b) of the Native Title Act 1993.

Hon C J Sumner
Deputy President

15 June 2006