Arc Energy Limited, CalEnergy Gas (Australia) Ltd, Westranch Holdings Pty Ltd/Mr Keith Councillor and Others on behalf of the Naaguja People; Mr Dennis Comeagain and Others on behalf of the Mullewa Wadjari..

The case involved Arc Energy Limited, CalEnergy Gas (Australia) Ltd, and Westranch Holdings Pty Ltd, among others, with the Naaguja and Mullewa Wadjari people asserting native title claims. The dispute centred on the proposed grant of a petroleum exploration permit over lands that were subject to two registered native title claims. The court was tasked with determining whether the act of granting the permit could proceed over the lands in question, specifically those covered by the remaining native title claim as two of the original claimants had passed away and one was mentally incapacitated.

The legal issues before the court were whether the act of granting the petroleum exploration permit could be authorised under the Native Title Act 1993 (Cth), given the existing native title claims and the status of the claimants. The court had to consider the provisions of the Act that relate to future acts affecting native title lands, the effect of the consent of some claimants, and the implications of the heritage protection agreement entered into by the remaining claimants.

The court concluded that the proposed grant of the petroleum exploration permit could proceed. It found that the heritage protection agreement, supported by all remaining registered claimants, provided a sufficient basis for the consent determination. The court was satisfied that the act could be done in accordance with the provisions of the Native Title Act, considering the agreement and the support of the remaining claimants. The determination allowed for the grant of the permit to proceed over the specified lands.

The court made a consent determination authorising the grant of the petroleum exploration permit over the lands subject to the remaining native title claim. This decision was based on the agreement among the remaining registered claimants and the heritage protection agreement, which demonstrated their support for the permit being granted. The court's determination was made in accordance with the statutory framework provided by the Native Title Act.