Wajarri Yamaji Aboriginal Corporation RNTBC v Global Critical Minerals Pty Ltd
[2022] NNTTA 49
•12 July 2022
NATIONAL NATIVE TITLE TRIBUNAL
Wajarri Yamaji Aboriginal Corporation RNTBC v Global Critical Minerals Pty Ltd and Another [2022] NNTTA 49 (12 July 2022)
Application No: | WO2022/0083 |
IN THE MATTER of the Native Title Act 1993 (Cth)
- and -
IN THE MATTER of an inquiry into an expedited procedure objection application
Wajarri Yamaji Aboriginal Corporation RNTBC (WCD2017/007)
(native title party)
- and -
Global Critical Minerals Pty Ltd
(grantee party)
- and -
State of Western Australia
(Government party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: | Ms Nerida Cooley |
Place: | Brisbane |
Date: | 12 July 2022 |
Catchwords: | Native title – future act – proposed grant of exploration licence – expedited procedure objection application – failure to comply with directions – objection application dismissed |
Legislation: | Native Title Act 1993 (Cth) ss 29, 148 |
Cases: | David Stock & Others on behalf of Nyiyaparli People/Western Australia/Giralia Resources NL [2000] NNTTA 333 (‘Stock v Giralia’) I.S. (Deceased) on behalf of the Wajarri Yamatji People (Part A) Teelow v Page and Another [2001] NNTTA 107; (2001) 166 FLR 266 (‘Teelow v Page’) |
| Representative of the native title party: | Katrina Thomas, Wajarri Yamaji Aboriginal Corporation RNTBC |
| Representative of the grantee party: | Dennis Fry, Global Critical Minerals Pty Ltd |
| Representatives of the Government party: | Bethany Conway/Jake Lincoln, Department of Mines, Industry Regulation and Safety |
REASONS FOR DECISION
This is a decision to dismiss an expedited procedure objection application in relation to the proposed grant of exploration licence E09/2611 (licence) to Global Critical Minerals Pty Ltd (grantee party).
In December 2021, the State of Western Australia, acting through the Department of Mines, Industry Regulation and Safety (State), gave notice of the grant of the licence in accordance with s 29 of the Native Title Act 1993 (Cth) (NTA), specifying 24 December 2021 as the notification day. The s 29 notice included a statement that the State considers the grant of the licence is an act attracting the expedited procedure under the NTA.
Wajarri Yamaji Aboriginal Corporation RNTBC (WYAC) holds native title in trust for the Wajarri Yamatji in relation to the majority of the licence area (see Wajarri Yamatji Determination Part A). On 25 January 2022, WYAC lodged an objection against the application of the expedited procedure to the grant of the licence.
The President of the Tribunal has directed me to constitute the Tribunal for the purposes of holding an inquiry into whether the licence is an act attracting the expedited procedure.
Relevant Facts
On 2 February 2022, the Tribunal notified parties of the objection by email, including directions for the conduct of the inquiry, to commence following the closing date for objections. Under those directions, WYAC’s material was to be provided on or before 31 May 2022.
I convened a number of conferences between February and May 2022 to check on progress towards a proposed heritage agreement. The grantee party did not attend the final conference held on 5 May 2022, however WYAC advised it had received the grantee party’s comments on the agreement and expected the issues could be resolved. In those circumstances, no further conference was listed. It was left to the parties to resolve the matter by agreement, or for WYAC to comply by 31 May 2022, or seek an extension of time if needed.
WYAC did not comply by the due date, nor did it seek an extension of time. On 8 June 2022, the Tribunal wrote to all parties advising that the objection application was at risk of dismissal under s 148(b) of the NTA. Parties were invited to provide any comments by 15 June 2022. To date, no response has been received from any party regarding the dismissal of the objection.
Consideration of Dismissal
The Tribunal has a broad discretion, under s 148(b) of the NTA, to 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.
In considering the dismissal of this application, I have had regard to the principles outlined in Teelow v Page (at [13]). It is also for WYAC, as the native title party, to take steps to progress the objection application within a reasonable timeframe if it wishes to pursue it (see s 148(b) NTA and Stock v Giralia at page 7).
In this case, WYAC was given notice that its application was at risk of dismissal but has not communicated further with the Tribunal. Importantly, WYAC has not provided any reason for its delay, nor sought any additional time for compliance.
Having regard to all the facts and circumstances, I am satisfied that the objection application should be dismissed. Accordingly, it is not necessary for me to determine whether the grant of the licence is an act attracting the expedited procedure.
Decision
The expedited procedure objection application in relation to exploration licence E09/2611 is dismissed under s 148(b) of the NTA.
Ms Nerida Cooley
Member
12 July 2022
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