Michael Page on behalf of the Jawoyn People/Northern Territory/Australian Vanadium Pty Ltd

[2003] NNTTA 31

NATIONAL NATIVE TITLE TRIBUNAL

Michael Page on behalf of the Jawoyn People/Northern Territory/Australian Vanadium Pty Ltd, [2003] NNTTA 31 (17 February 2003)

Application Nos:      DO02/100, DO02/101, DO02/102 and DO02/103

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

-and-

IN THE MATTER of an inquiry into expedited procedure objection applications

Michael Page on behalf of the Jawoyn People – DC00/18 (native title party)

-and-

The Northern Territory of Australia (Government party)

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Australian Vanadium Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:                   Hon C J Sumner, Deputy President
Place:  Darwin
Date:  17 February 2003

Catchwords:             Native title – future act – proposed grant of exploration licences – expedited procedure objection applications – failure to comply with Directions – objection applications dismissed.

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

1. On the 10 July 2002, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences ELA22966, ELA22967, ELA22968 and ELA22970 to Australian Vanadium Pty Ltd (‘the grantee party’) and included in the notices a statement that it considered that the grant attracted the expedited procedure.

2. On 11 November 2002, Michael Page on behalf of the Jawoyn People (‘the native title party’) made four expedited procedure objection applications to the Tribunal (DO02/100 – ELA 22966; DO02/101 – ELA 22967; DO02/102 – ELA22968; DO02103 – ELA22970).

Relevant Facts

1. On 18 October 2002, the Tribunal issued directions for the purposes of conducting an inquiry into the expedited procedure objection application.  These directions were in the standard form which allows for a 16 week period of negotiations to see if agreement can be reached between the parties on the grant of the tenement before the filing of contentions and documents is required.  The standard directions require the Government party to provide its contentions and documents before the native title party.

2. On 3 February 2003 a Status Conference was convened during which Mr John Hughes, solicitor for the native title party, indicated that the Northern Land Council would not be pursuing these objection applications further.  This advice was reiterated in writing on 4 February 2003, including a statement that the native title party would not be in a position to comply with directions and did not seek an extension of time for compliance.

3. On 6 February 2003 the Tribunal received a request from Mr Matthew Storey, solicitor for the Northern Territory, that directions made 18 October 2002 be amended to require native title party compliance before that of the Government party, and that in the case of non-compliance by the native title party the objection be dismissed under s 148(b) of the Native Title Act 1993 (Cth). The grantee party did not oppose this request and accordingly I amended Direction (3), requiring the native title party to submit contentions and documents on or by 14 February 2003.

1. I further directed:

   ‘The objection applications are dismissed if Direction (3) is not complied with by close of business 14 February 2003’

The native title party did not comply with the amended directions and the ‘springing’ or ‘guillotine’ direction was self executing.  Accordingly the objections were dismissed at the close of business on 14 February 2003. 

Decision

1. The expedited procedure objection applications in respect of exploration licences ELA22966, ELA22967, ELA22968 and ELA22970 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
17 February 2003