Atkins and Others on behalf of Gingirana v Drillabit Pty Ltd and Another

The applicants, representing the Gingirana native title group, sought to object to the grant of an exploration licence over their native title area. The proposed licence area was to be used for coal seam gas exploration. The Federal Court considered whether an expedited procedure was available to resolve the objection. The applicants contended that the exploration would interfere with their native title rights and interests, including the carrying on of community and social activities, and would disturb sites of particular significance and involve major disturbance to the land and waters.

The legal issues centred on whether the proposed exploration licence constituted a future act under the Native Title Act 1993, and if so, whether the expedited procedure was applicable. The court considered whether the proposed act would interfere directly with the carrying on of community or social activities, would interfere with sites of particular significance, or would involve major disturbance to land or waters. The applicants argued that the exploration would lead to major disturbance and interference with their native title rights, while the respondents maintained that the exploration would not result in such interference.

The court found that the proposed exploration would not interfere directly with the carrying on of community or social activities, would not interfere with sites of particular significance, and would not involve major disturbance to land or waters. Consequently, the expedited procedure was not attracted. The court held that the proposed exploration would not result in a significant interference with the native title rights and interests of the Gingirana native title group. The objection to the grant of the exploration licence was dismissed.

The court ordered that the objection to the grant of the exploration licence be dismissed, and no orders were made as to costs.