Billy Atkins and Others on behalf of the Gingirana Native Title Claimants/Western Australia/De Grey Mining Ltd

Billy Atkins and others, on behalf of the Gingirana Native Title Claimants, sought a determination from the court to allow the grant of exploration licenses and a prospecting license by De Grey Mining Ltd in areas claimed under native title. The dispute involved the negotiation of a regional standard heritage agreement and logistical difficulties in executing individual state deeds for each tenement. The court had to decide whether the consent determination was valid under the Native Title Act 1993, considering the absence of a formal agreement and the logistical challenges faced by the native title party.

The central legal issue was whether the court could grant a consent determination under section 31(1)(b) of the Native Title Act, given that the parties had not executed a formal agreement as required by the Act. The court considered the logistical difficulties and the willingness of the native title party to consent to the proposed act, as well as the execution of a regional standard heritage agreement. The court needed to assess if the consent determination met the statutory requirements and if the logistical difficulties justified an alternative approach to the usual procedure.

The court held that the consent determination was valid despite the absence of a formal agreement. The logistical difficulties and the consent of the native title party justified the granting of the determination. The court acknowledged the burden on the native title party to execute individual state deeds and the benefits of the regional standard heritage agreement. The court concluded that the consent determination was appropriate and allowed the grant of the exploration licenses and prospecting license, subject to the conditions of the regional agreement.

The court ordered that the consent determination be granted, allowing De Grey Mining Ltd to proceed with the exploration and prospecting activities in accordance with the conditions set out in the regional standard heritage agreement. This decision facilitated the exploration activities while respecting the native title rights and the agreed-upon heritage protection measures.