Henry Richard Dimer & Ors on behalf of Marlinyu Ghoorlie v Fortuna Resources Pty Ltd and Another

[2024] NNTTA 82

NATIONAL NATIVE TITLE TRIBUNAL

Henry Richard Dimer & Ors on behalf of Marlinyu Ghoorlie v Fortuna Resources Pty Ltd and Another [2024] NNTTA 82 (11 November 2024)

Application No: WO2024/0572

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

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IN THE MATTER of an inquiry into an expedited procedure objection application

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

(native title party)

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Fortuna Resources Pty Ltd

(grantee party)

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State of Western Australia

(Government party)

DECISION TO DISMISS OBJECTION APPLICATION

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

Catchwords:	Native title – future act – proposed grant of prospecting licence – expedited procedure objection application – failure to comply with directions – expedited procedure objection application 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: Simon Atherton

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

REASONS FOR DECISION

1. Fortuna Resources Pty Ltd has applied for the grant of prospecting licence P 24/5723, which the State of Western Australia considers to be an act 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 22 August 2024, I made directions for the conduct of the inquiry in this matter.

3. In accordance with those directions, Marlinyu Ghoorlie’s material was due to be provided by 30 September 2024. However, it did not comply by the due date, nor did it seek an extension of time. On 14 October 2024, the Tribunal wrote to the parties, advising that the application was at risk of dismissal and giving Marlinyu Ghoorlie until 21 October 2024 to provide reasons for its failure to comply and request any further time. As has repeatedly 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 this matter that Marlinyu Ghoorlie’s application should be dismissed.

Decision

1. The expedited procedure objection application in relation to prospecting licence P 24/5723 is dismissed under s 148(b) of the Native Title Act.

Ms Nerida Cooley
Member
11 November 2024