Henry Richard Dimer & Ors on behalf of Marlinyu Ghoorlie v Leo Glenn Fleming and Others

[2024] NNTTA 75

NATIONAL NATIVE TITLE TRIBUNAL

Henry Richard Dimer & Ors on behalf of Marlinyu Ghoorlie v Leo Glenn Fleming and Others [2024] NNTTA 75 (26 September 2024)

Application No: WO2024/0421; WO2024/0422; WO2024/0426

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

- and -

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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See attached Schedule

(grantee parties)

- and -

State of Western Australia

(Government party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:	Ms Nerida Cooley
Place:	Brisbane
Date:	26 September 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

Representatives of the grantee parties: Leo Fleming (for WO2024/0421-0422); and
Derek Bonney (for WO2024/0426)

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

REASONS FOR DECISION

1. This is a decision to dismiss three expedited procedure objection applications made by the registered native title claimant for native title determination application WAD647/2017 (Marlinyu Ghoorlie). I am dealing with these matters together because the facts are similar.

2. Each objection application listed in the Schedule 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 Act1993 (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. At conferences on 11 July 2024, I made directions for the conduct of the Tribunal’s inquiry in each matter, under which Marlinyu Ghoorlie’s materials were due by 2 September 2024. However, as has repeatedly been the case, Marlinyu Ghoorlie neither complied by the due date nor sought an extension of time. About a week after Marlinyu Ghoorlie’s compliance date, the Tribunal advised the parties in each matter that the application was at risk of dismissal. Marlinyu Ghoorlie was afforded a further week to provide reasons for its failure to comply and request any further time. It 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 Ghoorlie’s applications should be dismissed.

Decision

1. The expedited procedure objection applications listed in the attached Schedule are dismissed under s 148(b) of the Native Title Act.

Ms Nerida Cooley

Member

26 September 2024

SCHEDULE

Objection Application No.	Prospecting Licence No.	Grantee Party
WO2024/0421	P 24/5722	Leo Glenn Fleming
WO2024/0422	P 25/2794	Leo Glenn Fleming
WO2024/0426	P 24/5713	Derek Neil Bonney