Henry Richard Dimer & Ors on behalf of Marlinyu Ghoorlie v Complete Prospecting Pty Ltd and Another

[2024] NNTTA 93

NATIONAL NATIVE TITLE TRIBUNAL

Henry Richard Dimer & Ors on behalf of Marlinyu Ghoorlie v Complete Prospecting Pty Ltd and Another [2024] NNTTA 93 (11 December 2024)

Application No: WO2024/0647; WO2024/0648; WO2024/0649

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

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IN THE MATTER of an inquiry into expedited procedure objection applications

Henry Richard Dimer & Ors on behalf of Marlinyu Ghoorlie (WC2017/007)

(native title party)

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Complete Prospecting Pty Ltd

(grantee party)

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State of Western Australia

(Government party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:	Ms Nerida Cooley
Place:	Brisbane
Date:	11 December 2024

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

Representative of the grantee party: Matthew Stratfold

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

REASONS FOR DECISION

1. Complete Prospecting Pty Ltd has applied for the grant of prospecting licences P 24/5725, P 24/5726 and P 24/5729, which the State of Western Australia considers to be acts attracting the expedited procedure under the Native Title Act1993 (Cth). The Marlinyu Ghoorlie registered native title claimant, being the relevant native title party, objects to the application of the expedited procedure.

2. 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. After hearing from the parties at a conference on 5 September 2024, I made directions for the conduct of the inquiry in these matters.

3. In accordance with those directions, Marlinyu Ghoorlie’s material was due to be provided by 4 November 2024. However, it did not comply by the due date, nor did it seek an extension of time. On 12 November 2024, the Tribunal wrote to the parties, advising that the applications were at risk of dismissal and giving Marlinyu Ghoorlie until 18 November 2024 to provide reasons for its failure to comply and request any further time. As has routinely been the case for objections lodged by Marlinyu Ghoorlie, no response was received.

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. I am satisfied on the facts of these matters that Marlinyu Ghoorlie’s applications should be dismissed.

Decision

1. The expedited procedure objection applications in relation to prospecting licences P 24/5725, P 24/5726 and P 24/5729 are dismissed under s 148(b) of the Native Title Act.

Ms Nerida Cooley
Member
11 December 2024