Albert Little & Ors on behalf of the Badimia People/Western Australia/Maroubra Pty Ltd & Seaprince Holdings Pty Ltd

In the Federal Court of Australia, the Badimia People, represented by Albert Little and others, sought a determination regarding the grant of an exploration licence over their native title land, against the respondents, Western Australia, Maroubra Pty Ltd, and Seaprince Holdings Pty Ltd. The Badimia People, as native title holders, raised an objection to the proposed exploration activities, which they believed would adversely impact their native title rights and interests. The applicants sought a determination that would allow the grant of the exploration licence under certain conditions that would mitigate the potential harm to their native title rights.

The central legal issues before the court were whether the proposed exploration activities constituted a "future act" under the Native Title Act 1993, and if so, whether the consent of the native title party as a whole would be sufficient to allow such an act. Additionally, the court had to determine if the proposed conditions for the grant of the exploration licence were adequate to protect the native title rights of the Badimia People.

The court found that the proposed exploration activities did indeed constitute a future act under the Native Title Act. The court also held that the consent of the native title party as a whole was sufficient to allow the future act to occur, as the applicants had demonstrated that the consent was genuine and informed. The court further found that the proposed conditions for the grant of the exploration licence were sufficient to protect the native title rights of the Badimia People, as they provided for appropriate monitoring and management of the exploration activities to minimise the potential impact on the native title rights. Consequently, the court granted the consent determination that the act may be done, subject to the proposed conditions.

In light of the court's decision, the respondents were authorised to proceed with the grant of the exploration licence, provided they adhered to the conditions outlined in the determination. These conditions were designed to ensure that the exploration activities would not adversely affect the native title rights of the Badimia People, while allowing for the responsible exploration of the land.