Wajarri Yamaji Aboriginal Corporation RNTBC v Mining Equities Pty Ltd
[2025] NNTTA 5
•31 March 2025
NATIONAL NATIVE TITLE TRIBUNAL
Wajarri Yamaji Aboriginal Corporation RNTBC v Mining Equities Pty Ltd and Another [2025] NNTTA 5 (31 March 2025)
Application No: | WO2024/0675 |
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 -
Mining Equities Pty Ltd
(grantee party)
- and -
State of Western Australia
(Government party)
DECISION TO DISMISS OBJECTION APPLICATION
Tribunal: | Mr Glen Kelly |
Place: | Perth |
Date: | 31 March 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: | Matthew Berg, Ngoonooru Wajarri Land Group |
| Representative of the grantee party: | Peter Gianni, Mining Equities Pty Ltd |
| Representative of the Government party: | Andrea Wyles and David Crabtree, Department of Energy, Mines, Industry Regulation and Safety |
REASONS FOR DISMISSAL
On 17 May 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 51/2216 to Mining Equities Pty Ltd. 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).
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.
The proposed licence is located approximately 38 km in a southerly direction from Peak Hill and covers an area of approximately 80 km². The proposed licence sits almost wholly within the Wajarri Yamatji Part A native title determination area, held in trust by the Wajarri Yamaji Aboriginal Corporation RNTBC as the registered native title body corporate.
On 23 August 2024, Wajarri Yamaji 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.
Relevant Facts
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.
At the first preliminary conference held on 2 October 2024, Mining Equities stated its preference for the matter to proceed to inquiry and I made directions requiring all parties to provide submissions to the inquiry. Wajarri Yamaji were directed to provide contentions and evidence by 20 November 2024. On the date of compliance, the Tribunal did not receive any contentions or evidence from Wajarri Yamaji.
On 27 November 2024, the Tribunal emailed all parties, noting that Wajarri Yamaji had failed to comply with directions and that the objection application was now at risk of dismissal. Parties were provided until close of business 4 December 2024 to make any comments. In response, Wajarri Yamaji sought an extension to 13 January 2025 to submit its contentions and evidence. I granted this extension and made amended directions on 4 December 2024.
On 13 January 2025, the Tribunal did not receive any contentions or evidence from Wajarri Yamaji. The Tribunal sent an email to all parties on 20 January 2025 noting that Wajarri Yamaji had failed to comply with directions and that the objection application was again at risk of dismissal. Parties were provided until close of business 28 January 2025 to provide any comments. On 4 February 2025, Wajarri Yamaji sought an extension to 24 February 2025. As a result of the circumstances described in this request, I granted this second extension and made amended directions on 5 February 2025 to that effect.
The Tribunal did not receive any contentions or evidence from Wajarri Yamaji on 24 February 2025. Following this, on 4 March 2025, the Tribunal emailed all parties noting that Wajarri Yamaji had again failed to comply with directions and that the objection application was proceeding to dismissal.
Consideration of Dismissal
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.
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 ([13]). I have applied those principles in my consideration of this matter.
On this occasion, it is my view that Wajarri Yamaji has been afforded sufficient opportunity to progress this objection application but have failed to do so within a reasonable time. The Tribunal granted several extensions to enable Wajarri Yamaji to provide evidence into the inquiry however Wajarri Yamaji have failed to comply with directions on each occasion.
Having regard to all of the facts and circumstances of this matter, I am satisfied that the objection application should be dismissed.
Determination
The expedited procedure objection application in relation to exploration licence E 51/2216 is dismissed under s 148(b) of the Native Title Act.
Mr Glen Kelly
Member
31 March 2025
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