Yugunga-Nya Native Title Aboriginal Corporation RNTBC v Complete Prospecting Pty Ltd

[2025] NNTTA 20

NATIONAL NATIVE TITLE TRIBUNAL

Yugunga-Nya Native Title Aboriginal Corporation RNTBC v Complete Prospecting Pty Ltd and Another [2025] NNTTA 20 (21 July 2025)

Application No: WO2024/1141; WO2024/1142

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

Yugunga-Nya Native Title Aboriginal Corporation RNTBC (WCD2021/008)

(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:	21 July 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:	Anja Gambie-Becker, Yugunga-Nya Native Title Aboriginal Corporation RNTBC

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

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

REASONS FOR DECISION

1. Complete Prospecting Pty Ltd has applied for the grant of prospecting licences P 20/2532 and P 20/2536, each of which the State of Western Australia considers to be an act attracting the expedited procedure under the Native Title Act 1993 (Cth). Yugunga-Nya Native Title 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. After hearing from the parties at a conference on 20 February 2025, I made directions for the conduct of an inquiry in both matters. Yugunga-Nya’s contentions and evidence were initially due on 22 April 2025, but the due date was later extended by request to 20 May 2025.

3. Yugunga-Nya did not comply by 20 May 2025, nor did it seek any further extension of time. On 27 May 2025, the Tribunal advised the parties that the applications were at risk of dismissal and allowed Yugunga-Nya until 3 June 2025 to provide reasons for its failure to comply and request any further time. On 23 June 2025, following a change in representative for Yugunga-Nya, the Tribunal informed the parties that no comments had been received and advised that the applications had been referred to me to consider dismissal. No response was received.

4. 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 each of Yugunga-Nya’s applications should be dismissed.

Decision

1. The expedited procedure objection applications in relation to P 20/2532 and P 20/2536 are dismissed under s 148(b) of the Native Title Act.

Ms Nerida Cooley

Member
21 July 2025