IN THE MATTER of an inquiry into an expedited procedure objection application

Wajarri Yamaji Aboriginal Corporation RNTBC (WCD2017/007)

Native title - future act - proposed grant of amalgamation application in relation to an exploration licence - expedited procedure objection application - failure to comply with directions - expedited procedure objection application dismissed

Mining Act 1978 (WA)

Native Title Act 1993 (Cth) ss 32, 139, 148

Kevin Connell, Austwide Mining Title Management Pty Ltd

Casey Nicholaidis, Department of Mines, Petroleum and Exploration

[1] Nucleus Capital Proprietary Limited has applied under the Mining Act 1978 (WA) to amalgamate a narrow area of about 77 hectares in size with an existing exploration licence. The State of Western Australia considers the grant of the amalgamation application is an act attracting the expedited procedure under the Native Title Act 1993 (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. Initially, the parties explored whether this matter could be resolved by way of entry into a deed of variation to an existing agreement. Ultimately, however, the parties did not agree on the approach and Nucleus Capital requested that I proceed to conduct an inquiry in relation to whether the expedited procedure applies. I made directions for the conduct of the inquiry at a hearing on 22 January 2026. All parties agreed to the directions timetable and Wajarri Yamaji's material was due to be provided by 26 February 2026.

[3] Wajarri Yamaji did not comply by the due date, nor did it seek any extension of time. On 6 March 2026, the Tribunal advised the parties that the objection application was at risk of dismissal and allowed Wajarri Yamaji until 13 March 2026 to provide reasons for its failure to comply and request any further time. 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. Because Wajarri Yamaji has failed to comply or communicate further with the Tribunal, I am satisfied in the circumstances of this matter that Wajarri Yamaji's objection application should be dismissed.

[5] The expedited procedure objection application in relation to amalgamation application 736163 in respect of exploration licence E 51/1958 is dismissed under s 148(b) of the Native Title Act.