Albert Little & others 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, sought a determination regarding the grant of an exploration licence over their native title lands. The respondents, Western Australia, Maroubra Pty Ltd, and Seaprince Holdings Pty Ltd, argued against the grant of the licence. The applicants, who hold native title over the area, consented to the exploration activities proposed by the respondents. The central issue before the court was whether the Badimia People’s consent to the exploration licence constituted a future act under the Native Title Act 1993, and if so, whether the court could make a consent determination authorising the act.

The court considered whether the exploration activities proposed by the respondents constituted a future act under section 223 of the Native Title Act. The Badimia People’s consent to the grant of the exploration licence was accepted as a determination of a future act. The court examined the legislative framework and the purpose of the Act, which is to provide a mechanism for the resolution of future act claims in a manner that recognises native title rights. The court concluded that the consent of the native title holders could indeed be treated as a consent determination under the Act, allowing the proposed exploration activities to proceed. The court emphasised the importance of recognising the rights of native title holders and the need for a balanced approach that respects both native title and the rights of other stakeholders.

The court found that the Badimia People’s consent to the exploration licence constituted a consent determination under the Native Title Act. The court authorised the grant of the exploration licence, recognising the native title holders' right to consent to future activities on their land. This decision underscores the importance of negotiated agreements and the role of the court in facilitating such agreements. The court’s decision provides a clear framework for future act determinations, ensuring that native title holders' rights are protected while allowing for development and resource exploration.