Annette Kogolo and Others on behalf of the Ngurrara People/Buru Energy Limited & Buru Energy (Acacia) Pty Ltd/State of Western Australia

The case involves the Ngurrara People, represented by Annette Kogolo and others, seeking a determination that would allow Buru Energy Limited and Buru Energy (Acacia) Pty Ltd to conduct petroleum exploration on land in Western Australia. The applicants were not signatories to the state deed, and logistical difficulties arose in obtaining their signatures. The case was heard in the Federal Court of Australia.

The central legal issue was whether the named applicants, who were not signatories to the state deed, could be bound by a consent determination if the native title party as a whole had consented to the proposed act. The court had to determine if a consent determination could be made when not all named applicants had signed the state deed, and if the consent of the native title party as a whole could override the absence of individual signatures.

The court held that a consent determination could be made if the native title party as a whole consented to the act, even if some named applicants had not signed the state deed. The court emphasised the importance of ensuring that the rights and interests of all members of the native title party were properly considered and that the process was fair and transparent. The logistical difficulties in obtaining signatures from all named applicants did not prevent the court from making a consent determination, provided the native title party as a whole had consented.

The final orders of the court allowed for the determination that the act of granting a petroleum exploration permit could be done, based on the consent of the native title party as a whole, despite the absence of signatures from some named applicants. The court stressed the importance of ensuring that the process was fair and transparent and that the rights and interests of all members of the native title party were properly considered.