Billy Coolibah and Others on behalf of the Gurdanji and Garawa Peoples/Ashton Mining Ltd/Northern Territory

The case involves Billy Coolibah and other members of the Gurdanji and Garawa peoples, who brought an objection to a proposed grant of an exploration licence by Ashton Mining Ltd. The objection was lodged under the expedited procedure provisions of the Native Title Act 1993. The Northern Territory was the respondent in the proceedings. The dispute centred on whether the proposed exploration activities would impact native title rights and interests held by the Gurdanji and Garawa peoples.

The central legal issue before the court was whether the proposed exploration activities would affect the native title holders' spiritual or non-physical activities connected to the land and waters. The court had to determine whether the site in question was of particular significance under section 237(a) of the Native Title Act, and if so, whether the proposed exploration activities would impact the native title holders' rights. The court also needed to consider the effect of the site's significance on the proposed exploration activities.

The court held that the proposed exploration activities would impact the native title holders' spiritual and non-physical activities connected to the land and waters. The site was of particular significance under section 237(a) of the Native Title Act, and the proposed exploration activities would have an effect on the native title holders' rights. The court found that the standard exhibit, which included generic material, was sufficient to establish the particular significance of the site. The court concluded that the proposed exploration activities would interfere with the native title holders' spiritual and non-physical activities connected to the land and waters, and therefore granted the objection.

The court ordered that Ashton Mining Ltd must negotiate in good faith with the native title holders to reach an agreement on the proposed exploration activities. If the parties could not reach an agreement, the court directed the parties to attend a mediation conference to attempt to resolve the dispute. If the dispute remained unresolved, the court directed the parties to attend a further hearing to determine the terms of any consent orders or other orders the court considered appropriate.