Wajarri Yamaji Aboriginal Corporation RNTBC v Complete Prospecting Pty Ltd

[2025] NNTTA 24

NATIONAL NATIVE TITLE TRIBUNAL

Wajarri Yamaji Aboriginal Corporation RNTBC v Complete Prospecting Pty Ltd and Another [2025] NNTTA 24 (27 August 2025)

Application No: WO2025/0185; WO2025/0186

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

Wajarri Yamaji Aboriginal Corporation RNTBC (WCD2017/007)

(native title party)

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Complete Prospecting Pty Ltd

(grantee party)

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State of Western Australia

(Government party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:	Ms Nerida Cooley
Place:	Brisbane
Date:	27 August 2025

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
Representative of the native title party:	Matthew Berg, Ngoonooru Pty Ltd

Representative of the grantee party: Matthew Stratfold, Complete Prospecting Pty Ltd

Representative of the Government party: David Crabtree, Department of Mines, Petroleum and Exploration

REASONS FOR DECISION

1. Complete Prospecting Pty Ltd has applied for the grant of two prospecting licences, which the State of Western Australia considers to be acts attracting the expedited procedure under the Native Title Act1993 (Cth). Wajarri Yamaji Aboriginal Corporation RNTBC, being 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 139 Native Title Act. I made directions for the conduct of the inquiry in these matters on 30 April 2025 and Wajarri Yamaji’s material was due to be provided by 28 July 2025.

3. Wajarri Yamaji did not comply by the due date, nor did it seek any extension of time. On 4 August 2025, the Tribunal advised the parties that the applications were at risk of dismissal and allowed Wajarri Yamaji until 11 August 2025 to provide reasons for its failure to comply and request any further time.

4. No response was received and, other than lodging its applications and advising the details of its representative, Wajarri Yamaji has not communicated with the Tribunal or participated in any part of the inquiry process.

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. I am satisfied on the facts of these matters that Wajarri Yamaji’s applications should be dismissed.

Decision

1. The expedited procedure objection applications in relation to prospecting licences P 51/3413 and P 51/3414 are dismissed under s 148(b) of the Native Title Act.

Ms Nerida Cooley
Member
27 August 2025