Wajarri Yamaji Aboriginal Corporation RNTBC v David Charles Clark

[2025] NNTTA 18

NATIONAL NATIVE TITLE TRIBUNAL

Wajarri Yamaji Aboriginal Corporation RNTBC v David Charles Clark and Another [2025] NNTTA 18 (11 July 2025)

Application No: WO2024/0725; WO2024/0891

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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David Charles Clark

(grantee party)

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State of Western Australia

(Government party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:	Ms Nerida Cooley
Place:	Brisbane
Date:	11 July 2025

Catchwords:	Native title – future acts – proposed grant of special 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 Wajarri Land Group

Representative of the grantee party: David Clark

Representative of the Government party: Andrea Wyles, Department of Mines, Petroleum and Exploration

REASONS FOR DECISION

1. David Charles Clark has applied for the grant of special prospecting licences P 51/3392-S and P 51/3405-S, 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.

3. Between October 2024 and March 2025, I convened a number of conferences in these matters to allow the parties time to explore the possibility of agreement. The parties also discussed plans for a Wajarri Yamaji representative to visit Mr Clark to progress discussions.

4. After the proposed meeting did not proceed, on 27 March 2025, the Tribunal wrote to the parties advising that, due to the delays and lack of progress, I proposed to make directions. The parties were afforded an opportunity to comment on the draft directions but only the State responded to note it had no further comments.

5. I made directions on 1 April 2025, in accordance with which Wajarri Yamaji’s material was due to be provided by 26 May 2025. However, it did not comply by the due date, nor did it seek an extension of time. On 17 June 2025, the Tribunal wrote to the parties, advising that the applications were at risk of dismissal and giving Wajarri Yamaji until 24 June 2025 to provide reasons for its failure to comply and request any further time. No response was received.

6. 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 special prospecting licences P 51/3392-S and P 51/3405-S are dismissed under s 148(b) of the Native Title Act.

Ms Nerida Cooley
Member
11 July 2025