Henry Richard Dimer & Ors on behalf of Marlinyu Ghoorlie v Patrick Natale Costanzo and Another

[2024] NNTTA 62

NATIONAL NATIVE TITLE TRIBUNAL

Henry Richard Dimer & Ors on behalf of Marlinyu Ghoorlie v Patrick Natale Costanzo and Another [2024] NNTTA 62 (27 August 2024)

Application No: WO2024/0383

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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Patrick Natale Costanzo

(grantee party)

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State of Western Australia

(Government party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:	Ms Nerida Cooley
Place:	Brisbane
Date:	27 August 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: Steve Kean

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

REASONS FOR DECISION

1. Patrick Natale Costanzo has applied for the grant of prospecting licence P 24/5702, 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, as 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 s 139 Native Title Act. After hearing from the parties at a preliminary conference on 27 June 2024, I made directions for the conduct of the inquiry. In accordance with those directions, Marlinyu Ghoorlie’s material was due to be provided by 8 August 2024.

3. However, as has been the case with a significant number of objections lodged by Marlinyu Ghoorlie, it did not comply by the due date or ask for an extension of time. The Tribunal wrote to all parties on 15 August 2024 advising the application was at risk of dismissal and giving Marlinyu Ghoorlie until 22 August 2024 to provide reasons for its failure to comply and request any further time. 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. On the facts of this matter, I am satisfied that Marlinyu Ghoorlie’s application should be dismissed.

Decision

1. The expedited procedure objection application in relation to prospecting licence P 24/5702 is dismissed under s 148(b) of the Native Title Act.

Ms Nerida Cooley
Member
27 August 2024