Henry Richard Dimer & Ors on behalf of Marlinyu Ghoorlie v Rino Borromei and Others

[2024] NNTTA 66

NATIONAL NATIVE TITLE TRIBUNAL

Henry Richard Dimer & Ors on behalf of Marlinyu Ghoorlie v Rino Borromei and Others [2024] NNTTA 66 (9 September 2024)

Application No: WO2024/0242; WO2024/0243; WO2024/0244; WO2024/0359; WO2024/0360; WO2024/0361

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)

- and -

See attached Schedule

(grantee parties)

- and -

State of Western Australia

(Government party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:	Ms Nerida Cooley
Place:	Brisbane
Date:	9 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
Representatives of the native title party:	Rachel McGarry, Houston Legal (for WO2024/0242-0244); and Parsa Ardestani, Houston Legal (for WO2024/0359-0361)

Representatives of the grantee parties: Peter Gianni, Mining Equities (for WO2024/0242-0244); and
Simon Atherton, Boyes Consulting (for WO2024/0359-0361)

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 six expedited procedure objection applications made by the registered native title claimant for native title determination application WAD647/2017 (Marlinyu Ghoorlie). It is convenient to deal 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. After hearing from the parties at conferences on 27 June 2024, I made directions requiring Marlinyu Ghoorlie’s materials for each inquiry to be provided by 8 August 2024. However, as has repeatedly been the case, Marlinyu Ghoorlie neither complied by the due date nor asked for an extension of time. On 19 August 2024, the Tribunal advised the parties that the applications were at risk of dismissal and gave Marlinyu Ghoorlie until 26 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 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

9 September 2024

SCHEDULE

Objection Application No.	Prospecting Licence No.	Grantee Party
WO2024/0242	P 24/5701	Rino Borromei
WO2024/0243	P 26/4719	Rino Borromei
WO2024/0244	P 27/2570	Rino Borromei
WO2024/0359	P 15/6788	Fortuna Resources Pty Ltd
WO2024/0360	P 15/6789	Fortuna Resources Pty Ltd
WO2024/0361	P 26/4728	Fortuna Resources Pty Ltd