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

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

McCallum Scott Johnston and Margaret Ann Cameron (grantee party)

Native title - future act - proposed grant of prospecting licence - expedited procedure objection application - failure to comply with directions - s 148(b) - objection application dismissed

Native Title Act 1993 (Cth) ss 29, 31, 32, 148(b)

Michael Daniel Teelow/Michael Page/Northern Territory [2001] NNTTA 107; [2001] NNTTA 107; 166 FLR 266 (Teelow v Page)

Anja Gambie-Becker, Yugunga-Nya Native Title Aboriginal Corporation RNTBC

Michelle Rogers and David Crabtree, Department of Mines, Petroleum and Exploration

• [1] On 12 July 2024, the State of Western Australia gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant prospecting licence P 20/2517 to McCallum Scott Johnston and Margaret Ann Cameron (the grantee). 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).
• [2] 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.
• [3] The proposed licence is located approximately 10 km in an easterly direction from Cue and covers an area of approximately 0.46 km². It is entirely overlapped by the Yugunga-Nya People Part A native title determination (WCD2021/0008), held in trust by the Yugunga-Nya Native Title Aboriginal Corporation RNTBC as the registered body corporate.
• [4] On 15 July 2024, Yugunga-Nya 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.

• [5] In correspondence to the Tribunal dated 11 March 2025, the grantee stated its preference for the matter to proceed to inquiry and the matter was subsequently referred to a directions hearing on 30 April 2025.
• [6] On 30 April 2025 I made directions requiring all parties to provide submissions to the inquiry. Yuguna-Nya were directed to provide contentions and evidence by 2 July 2025 however on the date of compliance, no contentions or evidence was received from Yugunga-Nya.
• [7] On 9 July 2025, the Tribunal emailed all parties noting that Yugunga-Nya had failed to comply with directions and that the objection application was now at risk of dismissal. Parties were provided until 16 July 2025 to make any comments however no response was received from Yunguga-Nya by this date.

• [8] 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.
• [9] 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.
• [10] On this occasion, it is my view that Yugunga-Nya 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 Yugunga-Nya to provide evidence into the inquiry however Yugunga-Nya have failed to comply with directions on each occasion.
• [11] Having regard to all of the facts and circumstances of this matter, I am satisfied that the objection application should be dismissed.

• [12] The expedited procedure objection application in relation to prospecting licence P 20/2517 is dismissed under s 148(b) of the Native Title Act.