Australian Manganese Pty Ltd/Western Australia/David Stock and Others on behalf of the Nyiyaparli People

In the case before the Federal Court, Australian Manganese Pty Ltd sought a determination for the grant of an exploration licence over land subject to a native title claim by the Nyiyaparli People. Western Australia and David Stock, along with others on behalf of the Nyiyaparli People, intervened in the proceedings. The dispute centred on whether the exploration licence could be granted despite the existence of native title over the land. The court was tasked with resolving whether the proposed exploration could proceed under a future act, given the logistical difficulties in executing the State Deed as required by the Alternative Heritage Agreement.

The primary legal issue before the court was whether the proposed exploration activity constituted a future act under the Native Title Act 1993. The court had to consider whether the logistical difficulties in executing the State Deed constituted a sufficient impediment to prevent the grant of the exploration licence. Additionally, the court examined the implications of the Nyiyaparli People's consent to the determination of the future act, despite the unresolved State Deed. The court needed to balance the rights of the native title holders with the potential economic benefits of the exploration activity.

The court determined that the logistical difficulties in executing the State Deed were a substantial impediment, but not an insurmountable one. The court acknowledged the consent of the Nyiyaparli People to the exploration activity, which was a significant factor in favour of granting the exploration licence. Given the consent and the potential economic benefits, the court concluded that the proposed exploration constituted a future act that could be determined. The court issued a consent determination that the act may be done, allowing the exploration licence to proceed. The court's decision balanced the rights of the native title holders with the need for economic activity, providing a pathway for the exploration to move forward under the terms of the Alternative Heritage Agreement.