Henry Richard Dimer & Ors on behalf of Marlinyu Ghoorlie v Hooi Leng Askew and Another

[2024] NNTTA 61

NATIONAL NATIVE TITLE TRIBUNAL

Henry Richard Dimer & Ors on behalf of Marlinyu Ghoorlie v Hooi Leng Askew and Another [2024] NNTTA 61 (19 August 2024)

Application No: WO2024/0245; WO2024/0363

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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Hooi Leng Askew

(grantee party)

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State of Western Australia

(Government party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:	Ms Nerida Cooley
Place:	Brisbane
Date:	19 August 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, 148
Representative of the native title party:	Rachel McGarry, Houston Legal

Representative of the grantee party: David Askew

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

REASONS FOR DECISION

1. Hooi Leng Askew has applied for the grant of two prospecting licences (P 24/5704 and P 24/5705) 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, as the relevant native title party, objects to that proposition.

2. The Tribunal’s role is to determine whether or not the expedited procedure applies: s 32(4) Native Title Act. At a conference on 30 May 2024, I made directions for the conduct of the Tribunal’s inquiry, taking into account Marlinyu Ghoorlie’s upcoming meeting schedule.

3. Marlinyu Ghoorlie’s material was due to be provided by 26 July 2024, but it did not comply by that date, nor did it seek an extension of time. On 2 August 2024, the Tribunal wrote to all parties advising these applications were at risk of dismissal, inviting Marlinyu Ghoorlie to provide reasons for its failure to comply and request any further time by 9 August 2024. 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. These matters follow in a long line of recent matters where Marlinyu Ghoorlie has failed to take these necessary actions and they should similarly be dismissed.

Decision

1. The expedited procedure objection applications in relation to prospecting licences P 24/5704 and P 24/5705 are dismissed under s 148(b) of the Native Title Act.

Ms Nerida Cooley
Member
19 August 2024