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austlii:cth/NNTTA/2010/126
defendant. Expedited procedure objection applications WO09/1033, WO10/32 and WO10/39 dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
1 cited instrument linked from this judgment.
The National Native Title Tribunal dismissed three applications from the Widji People opposing mining exploration licences. The Widji People had failed to meet a deadline to provide their evidence and arguments, despite being warned that their applications would be automatically dismissed if they missed the deadline. The Tribunal had previously made similar orders in another case involving the same group, and applied the same reasoning here. The dismissal means the exploration licences can now proceed under the expedited procedure without further objection from the native title party.
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Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Northern Mining Ltd, [2010] NNTTA 126 (11 August 2010)
IN THE MATTER of the Native Title Act 1993 (Cth)
IN THE MATTER of an inquiry into expedited procedure objection applications
Marianne Velickovic & Others on behalf of the Widji People - WC98/27 (native title party)
The State of Western Australia (Government party)
Catchwords: Native title - future acts - proposed grant of exploration and prospecting 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 Act 1993 (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
native title party: Mr Jerome Frewen, Desert Management Pty Ltd
Representatives of the Mr Greg Abbott, Department of Mines and Petroleum
Government party: Ms Claire Malavaux, Department of Mines and Petroleum
grantee parties: Mr Shannon McMahon, McMahon Mining Title Services Pty Ltd
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
[1] On the dates specified in the attached schedule, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant certain exploration and prospecting licences to Northern Mining Ltd ('the grantee party') and included in the notice a statement that it considered that the grants attracted the expedited procedure.
[2] On the dates specified in the attached schedule, Marianne Velickovic & Others on behalf of the Widji People - Native Title Claim No. WC98/27 registered from 15 June 1998 ('the native title party') made expedited procedure objection applications to the Tribunal.
[3] In each case the Tribunal made directions on the dates specified in the attached schedule 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 2 August 2010. 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 close of business on 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 in each case failed to comply by the due date.
[4] Expedited procedure objection applications WO09/1033, WO10/32 and WO10/39 are dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).
SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS
Date of Govt Party Notification (s 29 notice)
Dismissal Date by operation of the Springing Order
Expedited procedure objection applications WO09/1033, WO10/32 and WO10/39 dismissed pursuant to s 148(b) of the Native Title Act 1993 (Cth).