Banjo Wurrunmurra & Others on behalf of the Bunuba Native Title Claimants/Western Australia/Caldera Resources Pty Ltd

The case involved a dispute between the Bunuba Native Title Claimants, represented by Banjo Wurrunmurra and others, Western Australia, and Caldera Resources Pty Ltd. The dispute centred around the proposed grant of exploration licences by Caldera, which the Native Title Claimants believed would interfere with their native title rights. The matter was heard in the Federal Court of Australia. The Native Title Claimants sought an injunction to prevent the grant of the exploration licences, arguing that the proposed exploration would interfere with their native title rights and cause harm to culturally significant sites and the environment.

The primary legal issue the court had to address was whether the proposed exploration licences constituted a future act that was likely to interfere directly with the carrying on of community or social activities of the Native Title Claimants. The court also had to determine whether the proposed exploration was likely to interfere with sites of particular significance and whether it was likely to cause major disturbance to land or waters. Furthermore, the court needed to decide whether the expedited procedure under the Native Title Act 1993 was applicable in this case.

The court found that the proposed exploration was not likely to interfere directly with the carrying on of community or social activities of the Native Title Claimants. The exploration activities were not expected to occur on land where the Native Title Claimants were exercising their native title rights, and there was no evidence that the exploration would interfere with their cultural practices or the use of their land. The court also found that the proposed exploration was not likely to interfere with sites of particular significance, as the exploration would be conducted in areas that were not identified as having cultural significance. Lastly, the court determined that the proposed exploration was not likely to cause major disturbance to land or waters, as Caldera had taken steps to minimise the environmental impact of the exploration.

As a result, the court held that the expedited procedure under the Native Title Act 1993 was not applicable in this case. The court dismissed the Native Title Claimants' objection applications and allowed Caldera to proceed with the exploration activities as proposed. The court noted that the Native Title Claimants were free to bring proceedings in the Federal Court to challenge the grant of the exploration licences if they believed that their native title rights were being infringed upon.