Ruby Saltmere (Indjilandji/Dithannoi)/Queensland/Savannah Resources Pty Ltd

The case involved Ruby Saltmere, an Indjilandji and Dithannoi native title holder, and Queensland and Savannah Resources Pty Ltd. The dispute revolved around a proposed grant of an exploration licence under the Mining Act 1978 and the subsequent application for an expedited procedure under the Native Title Act 1993. The primary issue before the court was whether the applicants had failed to proceed within a reasonable time, thereby warranting the dismissal of their objection application.

The court had to determine if the applicants had acted with due diligence in the negotiation process and whether their delay was justified. It examined the conduct of both parties, assessing the reasonableness of their respective timelines and actions. The court noted the applicants' efforts to negotiate and their response to the native title holders' objections, but also considered the overall delay in reaching an agreement. The court concluded that the applicants had not acted with the necessary urgency and diligence, leading to the dismissal of their objection application.

In reaching its decision, the court emphasised the importance of timely action in the context of native title claims and mining exploration licences. It highlighted the need for all parties to engage in good faith negotiations and to act promptly to avoid unnecessary delays. The court found that the applicants' failure to proceed within a reasonable time resulted in the dismissal of their objection application, thereby allowing the native title holders to object to the proposed exploration licence.