Yindjibarndi Aboriginal Corporation/ Western Australia/ Kubwa Iron Ore Holdings Pty Ltd

[2014] NNTTA 26

NATIONAL NATIVE TITLE TRIBUNAL

Yindjibarndi Aboriginal Corporation/ Western Australia/ Kubwa Iron Ore Holdings Pty Ltd [2014] NNTTA 26 (7 March 2014)

Application No:               WO2013/0247

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

-and-

IN THE MATTER of an inquiry into expedited procedure objection applications

Yindjibarndi Aboriginal Corporation (WCD2005/001)                (native title party)

-and-

The State of Western Australia   (Government party)

-and-

Kubwa Iron Ore Holdings Pty Ltd   (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Member Helen Shurven
Place:  Perth
Date of dismissal:            7 March 2014
Date of reasons:              7 March 2014

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 the event of non-compliance – objection application dismissed.

Legislation:Native Title Act1993 (Cth) ss 29, 148(b)

Cases:Dixon v Northern Territory of Australia [2002] NNTTA 48; (2002) 169 FLR 103 (‘Dixon v Northern Territory’)

Representative of the

native title party:             Mr George Irving, Yindjibarndi Aboriginal Corporation

Representative of the      
Government party:         Ms Bethany Conway, Department of Mines and Petroleum

Representative of the

grantee party:                 Ms Lydia Brisbout, McMahon Mining Title Services

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 1 February 2013, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) (‘the Act’) of its intention to grant exploration licence E47/2554 to Kubwa Iron Ore Holdings Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 27 February 2013, the Yindjibarndi Aboriginal Corporation RNTBC on behalf of the Yindjibarndi People - WCD2005/001 (‘the native title party’) made an expedited procedure objection application to the Tribunal in relation to E47/2554 (WO2013/0247).

Relevant facts

1. On 19 September 2013, the grantee party requested that the matter proceed to an inquiry. The Tribunal made directions requiring the native title party to produce contentions and evidence for the conduct of the inquiry to determine whether or not the expedited procedure was attracted.

2. Compliance dates were then amended three times at the request of the native title party. Due to the age of this matter, when compliance dates were amended on 30 January 2014, the directions issued by the Tribunal 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 native title party. The native title party was to provide a statement of contentions, documentary evidence and witness statements verified where possible by affidavit on or before 28 February 2014. In imposing the springing order I considered and adopted Deputy President Sosso’s reasons in Dixon v Northern Territory (at [24]-[25]).

3. Neither contentions nor evidence have been received from the native title party by the due date 28 February 2014 and no explanation has been provided for the failure to comply with the Tribunal’s directions, despite the native title party having been informed of the possible consequences of a failure to comply. The springing order applied has resulted in the dismissal of WO2013/0247.

Decision

1. As the native title party has failed to comply with amended Directions made by the Tribunal on 30 January 2014, the objection application WO2013/0247 is dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth) in accordance with the terms of the Directions.

Helen Shurven
Member
7 March 2014