Wajarri Yamaji Aboriginal Corporation RNTBC v Anthony Jasperson

[2025] NNTTA 9

NATIONAL NATIVE TITLE TRIBUNAL

Wajarri Yamaji Aboriginal Corporation RNTBC v Anthony Jasperson and Others [2025] NNTTA 9 (29 April 2025)

Application No: WO2024/0739

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 -

Anthony Jasperson, Lisa Jasperson, Aidan Willis and Peter Willis

(grantee party)

- and -

State of Western Australia

(Government party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:	Mr Glen Kelly
Place:	Perth
Date:	29 April 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 Willis

Representatives of the Government party: Andrea Wyles and David Crabtree, Department of Energy, Mines, Industry Regulation and Safety

REASONS FOR DISMISSAL

1. On 14 June 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 51/2226 to Anthony Jasperson, Lisa Jasperson, Aidan Willis and Peter Willis (grantee party). 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 39 km in a southeasterly direction from Peak Hill and covers an area of approximately 12 km².  It overlaps the following native title determination areas:

   ·Wajarri Yamatji Part A native title determination (WCD2017/007), held in trust by the Wajarri Yamaji Aboriginal Corporation RNTBC as the registered native title body corporate, by 36.34%; and

   ·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, by 63.66%.

4. On 6 September 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

1. 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.

2. At the first preliminary conference held on 30 October 2024, the grantee party stated a preference for the matter to proceed to inquiry. A directions hearing was subsequently scheduled for 27 November 2024.

3. On 27 November 2024, I made directions requiring all parties to provide submissions to the inquiry. Wajarri Yamaji were directed to provide contentions and evidence by 26 February 2025.

4. On 25 February 2025, Wajarri Yamaji sought an extension for a period of one month to submit its contentions and evidence. Having considered the circumstances outlined, I granted this extension and made amended directions on 27 February 2025 to that effect, with Wajarri Yamaji directed to provide contentions and evidence by 27 March 2025.

5. On 27 March 2025, the Tribunal did not receive any contentions or evidence from Wajarri Yamaji. On 3 April 2025 the Tribunal sent an email to 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 10 April 2025 to provide any comments. No response was received from Wajarri Yamaji.

Consideration of Dismissal

1. 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.

2. 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.

3. 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 an extension to enable Wajarri Yamaji to provide evidence into the inquiry however Wajarri Yamaji have failed to comply with directions on both occasions. 

4. Having regard to all of the facts and circumstances of this matter, I am satisfied that the objection application should be dismissed.

Determination

1. The expedited procedure objection application in relation to exploration licence E 51/2226 is dismissed under s 148(b) of the Native Title Act.

Mr Glen Kelly
Member
29 April 2025