Ngadju Native Title Aboriginal Corporation v Mining Equities Pty Ltd

[2025] NNTTA 13

NATIONAL NATIVE TITLE TRIBUNAL

Ngadju Native Title Aboriginal Corporation v Mining Equities Pty Ltd and Another [2025] NNTTA 13 (26 May 2025)

Application No: WO2024/0781

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

Ngadju Native Title Aboriginal Corporation RNTBC (WCD2014/004)

(native title party)

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Mining Equities Pty Ltd

(grantee party)

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State of Western Australia

(Government party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:	Mr Glen Kelly
Place:	Perth
Date:	26 May 2025

Catchwords:	Native title – future act – proposed grant of exploration licence – expedited procedure objection application – failure to comply with directions – s 148(b) – objection application dismissed
Legislation:	Native Title Act 1993 (Cth) ss 29, 31, 32, 148(b)
Cases:	Michael Daniel Teelow/Michael Page/Northern Territory [2001] NNTTA 107; 166 FLR 266 (Teelow v Page)
Representative of the native title party:	Katarina Bevk, Ngadju Native Title Aboriginal Corporation RNTBC

Representative of the grantee party: Peter Gianni, Mining Equities Pty Ltd

Representatives of the Government party: Andrea Wyles and David Crabtree, Department of Energy, Mines, Industry Regulation and Safety

REASONS FOR DISMISSAL

1. On 12 July 2024, the State of Western Australia gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E 63/2427 to Mining Equities Pty Ltd (grantee). The s 29 notice included a statement that the State considers the grant of the proposed licence to be an act attracting the expedited procedure under the Native Title Act (expedited procedure statement).

2. If the expedited procedure applies, the State may grant the proposed licence without requiring parties to enter the right to negotiate procedure per s 31 of the Native Title Act.

3. The proposed licence is located approximately 120 km in a westerly direction from Norseman and covers an area of approximately 5.8 km².  It overlaps the Ngadju native title determination (WCD2014/004), held in trust by the Ngadju Native Title Aboriginal Corporation RNTBC as the registered native title body corporate.

4. On 6 September 2024, Ngadju lodged an objection to the State’s assertion that the expedited procedure applies to the grant of the licence with the National Native Title Tribunal. The objection application was lodged within the timeframe outlined in s 32(3) of the Native Title Act and as such, under s 32(4), the Tribunal is required to determine whether the grant of the proposed licence is an act attracting the expedited procedure. To this end, under a delegation from the President of the Tribunal, I was appointed to constitute the Tribunal for the purposes of the inquiry in this matter.

Relevant Facts

1. In correspondence to the Tribunal dated 28 November 2024, the grantee stated its preference for the matter to proceed to inquiry and the matter was subsequently referred to a directions hearing on 5 March 2025.

2. On 5 March 2025 I made directions requiring all parties to provide submissions to the inquiry. Ngadju were directed to provide contentions and evidence by 23 April 2025, however on the date of compliance, no contentions or evidence were received from Ngadju.

1. On 29 April 2025, the Tribunal emailed all parties noting that Ngadju had failed to comply with directions and that the objection application was now at risk of dismissal.  Parties were provided until 6 May 2025 to make any comments and in the case of Ngadju, make a request for further time. No response was received from Ngadju.

Consideration of Dismissal

1. Pursuant to s 148(b) of the Native Title Act, 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 objection application or to comply with a direction of the Tribunal. While the Tribunal has broad discretion to dismiss an objection application, doing so has significant consequences for the native title party and is not an action taken lightly.

2. The nature of the expedited procedure and the principles relevant to consideration of dismissal of an objection application for failure to comply with directions are set out in the Tribunal's decision in Teelow v Page at [13]. I have applied those principles in my consideration of this matter.

3. On this occasion, it is my view that Ngadju has been afforded sufficient opportunity to progress this objection application but have failed to do so within a reasonable time. The Tribunal allowed ample time and opportunity for Ngadju to provide evidence for the inquiry or request an extension to do so, however Ngadju failed to comply with directions.

4. Having regard to all of the facts and circumstances of this matter, I am satisfied that the objection application should be dismissed.

Determination

1. The expedited procedure objection application in relation to exploration licence E63/2427 is dismissed under s 148(b) of the Native Title Act.

Mr Glen Kelly
Member
26 May 2025