Henry Richard Dimer & Ors on behalf of Marlinyu Ghoorlie v Scorpion Mining Pty Ltd and Others

[2024] NNTTA 78

NATIONAL NATIVE TITLE TRIBUNAL

Henry Richard Dimer & Ors on behalf of Marlinyu Ghoorlie v Scorpion Mining Pty Ltd and Others [2024] NNTTA 78 (21 October 2024)

Application No: WO2023/0696; WO2024/0573; WO2024/0574; WO2024/0575

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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See attached Schedule

(grantee parties)

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State of Western Australia

(Government party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:	Ms Nerida Cooley
Place:	Brisbane
Date:	21 October 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 WO2023/0696); and Parsa Ardestani, Houston Legal (for WO2024/0573-0575)

Representatives of the grantee parties: Peter Milne, Scorpion Mining Pty Ltd (for WO2023/0696);
Leo Fleming and Gordon Reid (for WO2024/0573); and
Leo Fleming (for WO2024/0574-0575)

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 a number of 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. The objection applications in issue are listed in the Schedule, and each 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 22 August 2024, I made directions for the conduct of the Tribunal’s inquiry in each matter, under which Marlinyu Ghoorlie’s materials were due by 30 September 2024.

4. However, as has frequently been the case, Marlinyu Ghoorlie neither complied by the due date nor sought an extension of time. On 8 October 2024, the Tribunal advised the parties in each matter that the relevant application was at risk of dismissal and gave Marlinyu Ghoorlie until 14 October 2024 to provide reasons for its failure to comply and request any further time. No response was received.

5. 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. Each expedited procedure objection application listed in the Schedule is dismissed under s 148(b) of the Native Title Act.

Ms Nerida Cooley
Member
21 October 2024  

SCHEDULE

Objection Application No.	Prospecting Licence No.	Grantee Party
WO2023/0696	P 15/6776	Scorpion Mining Pty Ltd
WO2024/0573	P 24/5728	Leo Glenn Fleming & Gordon Trevor Reid
WO2024/0574	P 24/5730	Leo Glenn Fleming
WO2024/0575	P 25/2801	Leo Glenn Fleming