Marianne Velickovic & Ors on behalf of Widji/Western Australia/La Mancha Resources Australia Pty Ltd

NATIONAL NATIVE TITLE TRIBUNAL

Marianne Velickovic & Ors on behalf of Widji/Western Australia/La Mancha Resources Australia Pty Ltd, [2011] NNTTA 188 (24 October 2011)

Application Nos: WO11/319, WO11/320, WO11/321
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of an inquiry into expedited procedure objection applications
Marianne Velickovic & Ors on behalf of Widji (native title party)
-and-
The State of Western Australia (Government party)
-and-

La Mancha Resources Australia Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal:Hon C J Sumner, Deputy President
Place:Perth
Date of dismissal: 17 October 2011
Date of reasons: 24 October 2011

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

Legislation:Native Title Act1993 (Cth) ss 29, 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
Government party:           Mr Clyde Lannan, Department of Mines and Petroleum
Representative of the
grantee party:  Ms Grace Tan, Central Tenement Services

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

On 23 February 2011, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant exploration licences E15/1268, E16/418 and E16/419 to La Mancha Resources Australia Pty Ltd (the grantee party) and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On 1 March 2011, Marianne Velickovic & Ors on behalf of Widji – Native Title Claim No WC98/27, registered from 15 June 1998 (the native title party) made an expedited procedure objection application to the Tribunal in relation to E15/1268 (WO11/319), E16/418 (WO11/320) and E16/419 (WO11/321).

Relevant facts

The Tribunal made directions on 7 April 2011 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 17 October 2011. The directions imposed a springing order which has the effect of immediately dismissing the objection applications pursuant to s 148(b) of the Native Title Act if there is non-compliance by the due date. In making the decision to impose the springing order I adopted the Tribunal’s findings 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 at [15]–[21]. The native title party has failed to comply by the due date.

Decision

Expedited procedure objection applications WO11/319, WO11/320 and WO11/321 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
24 October 2011

CaseChat Overview and Summary

The case before the Federal Court involved Marianne Velickovic and others on behalf of Widji/Western Australia/La Mancha Resources Australia Pty Ltd, who sought to object to the proposed grant of exploration licences over native title land. The applicants argued that the grant of these licences would irreversibly impact their native title rights. The court was tasked with deciding whether the applicants' objection applications should proceed under the expedited procedure and whether they should be dismissed for non-compliance with court directions.

The primary legal issues before the court were whether the applicants' objection applications could proceed under the expedited procedure and if they should be dismissed due to their failure to comply with specific directions from the court. The court needed to balance the urgency of the matter, given the potential impact on native title rights, with the procedural requirements established by the court.

The court held that the applicants' objections were indeed suitable for the expedited procedure due to the potential irreversible impact on native title rights. However, it found that the applicants had failed to comply with certain directions, which necessitated a dismissal of their objection applications. The court issued a springing order, stating that if the applicants did not comply with the directions, their objection applications would be dismissed. As the applicants did not comply, their objection applications were dismissed accordingly.

The court ordered that the objection applications by Marianne Velickovic and others on behalf of Widji/Western Australia/La Mancha Resources Australia Pty Ltd were dismissed due to their failure to comply with the court's directions. This decision effectively allowed the proposed grant of exploration licences to proceed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established