Henry Dimer & Ors on behalf of the Marlinyu Ghoorlie Claim Group v Leo Glenn Fleming and Others

[2025] NNTTA 1

NATIONAL NATIVE TITLE TRIBUNAL

Henry Dimer & Ors on behalf of the Marlinyu Ghoorlie Claim Group v Leo Glenn Fleming and Others [2025] NNTTA 1 (22 January 2025)

Application No: WO2024/0722; WO2024/0731; WO2024/0733; WO2024/0734; WO2024/0797

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

- and -

IN THE MATTER of an inquiry into expedited procedure objection applications

Henry Dimer & Ors on behalf of the Marlinyu Ghoorlie Claim Group (WC2017/007)

(native title party)

- and -

See attached Schedule

(grantee parties)

- and -

State of Western Australia

(Government party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:	Ms Nerida Cooley
Place:	Brisbane
Date:	22 January 2025

Catchwords:	Native title – future acts – proposed grant of prospecting licences – expedited procedure objection applications – failure to comply with directions – expedited procedure objection applications dismissed
Legislation:	Native Title Act 1993 (Cth) ss 32, 139, 148
Representative of the native title party:	Parsa Ardestani, Houston Legal

Representatives of the grantee parties: Leo Fleming (for WO2024/0722);
David Askew (for WO2024/0731);
Simon Atherton, Fortuna Resources Pty Ltd (for WO2024/0733);
Graeme Bowden (for WO2024/0734); and
Matthew Stratford (for WO2024/0797)

Representatives of the Government party: Andrea Wyles and Paola O’Neill, Department of Energy, Mines, Industry Regulation and Safety

REASONS FOR DECISION

1. This is a decision to dismiss a number of expedited procedure objection applications made by the registered native title claimant for native title determination application WAD647/2017 (Marlinyu Ghoorlie). As the circumstances of each matter are similar, it is convenient to deal with them together.

2. The objection applications in issue are listed in the Schedule, and each relates to the grant of the corresponding prospecting licence, which the State of Western Australia asserts is an act attracting the expedited procedure under the Native Title Act 1993 (Cth). The Tribunal’s role is to conduct an inquiry and determine whether or not the expedited procedure applies: ss 32(4) and 139 Native Title Act.

3. I made directions for the conduct of the Tribunal’s inquiry in each matter requiring Marlinyu Ghoorlie’s materials to be provided by the dates shown in the Schedule. However, as has frequently been the case, Marlinyu Ghoorlie neither complied by the due date nor sought an extension of time. In December 2024, the Tribunal advised the parties in each matter that the relevant application was at risk of dismissal and afforded Marlinyu Ghoorlie a reasonable period to provide reasons for its failure to comply and request any further time. Marlinyu Ghoorlie did not respond.

4. The Tribunal may dismiss an objection application at any stage of the inquiry in circumstances where the native title party fails within a reasonable time to proceed with the application or to comply with a direction of the Tribunal: s 148(b) Native Title Act. On the facts of these matters, I am satisfied that Marlinyu Ghoolie’s applications should be dismissed.

Decision

1. Each expedited procedure objection application listed in the Schedule is dismissed under s 148(b) of the Native Title Act.

Ms Nerida Cooley
Member

22 January 2025

SCHEDULE

Objection Application	Prospecting Licence No.	Grantee Party	Marlinyu Ghoorlie compliance date
WO2024/0722	P 16/3451	Leo Glenn Fleming	21 November 2024
WO2024/0731	P 24/5719	David Martin Askew	5 December 2024
WO2024/0733	P 26/4734	Fortuna Resources Pty Ltd	5 December 2024
WO2024/0734	P 24/5718	Graeme Fredrick Bowden	5 December 2024
WO2024/0797	P 16/3464	Complete Prospecting Pty Ltd	16 December 2024