Banjo Wurrunmurra and Others on behalf of the Bunuba Native Title Claimants/Western Australia/Wolsog Pty Ltd

The case involved Banjo Wurrunmurra and others, on behalf of the Bunuba Native Title Claimants, against the State of Western Australia and Wolsog Pty Ltd. The dispute arose from an objection to the proposed grant of an exploration licence over land claimed under native title. The case was heard in the Federal Court of Australia. The claimants sought to object to the grant of the exploration licence under section 229 of the Native Title Act 1993 (Cth). They contended that the proposed exploration activities would cause significant harm to their native title rights and interests. The respondents, the State of Western Australia and Wolsog Pty Ltd, argued that the proposed activities would not significantly harm the native title rights and that the objection application was brought outside the time limits prescribed by the Act.

The court was required to determine whether the claimants' objection application was made within a reasonable time and whether the claimants had complied with the court's directions. The court also needed to decide whether the proposed exploration activities would cause significant harm to the native title rights and interests of the claimants. The court found that the claimants had failed to proceed with their objection application within a reasonable time and had not complied with the court's directions. As a result, the court dismissed the objection application. The court held that the claimants' failure to comply with the procedural requirements of the Act and the court's directions was a significant factor in its decision.

The court further found that even if the objection application had been made within a reasonable time and the claimants had complied with the court's directions, the proposed exploration activities would not cause significant harm to the native title rights and interests of the claimants. The court held that the respondents had taken reasonable steps to avoid or mitigate any potential harm to the native title rights and interests of the claimants. The court dismissed the objection application and allowed the respondents to proceed with the proposed exploration activities. The court did not make any orders regarding costs.