Bradley Foster & Ors (Waanyi Peoples) & Alfie Johnny & Ors (Gangalidda & Garawa Peoples #2)/Terence John Burt, Judy-Anne Galway & Robert William Kirkby/Queensland

The parties involved in the dispute are Bradley Foster and others, representing the Waanyi people, Alfie Johnny and others, representing the Gangalidda and Garawa peoples, and Terence John Burt, Judy-Anne Galway, and Robert William Kirkby. The dispute revolves around an application for a determination concerning the grant of exploration permits for mineral tenements within the native title areas of the Waanyi and Gangalidda peoples. The case was heard in the Federal Court of Australia. The applicants sought a consent determination that certain acts, related to the exploration permits, could be carried out.

The primary legal issue before the court was whether the grant of exploration permits for mineral tenements within the native title areas would constitute a future act that could be the subject of a consent determination. Additionally, the court had to consider whether such a consent determination would be in the best interests of the native title holders and whether it would appropriately balance the rights of the native title holders with the interests of the applicants. The court also needed to examine whether there were any provisions in the Native Title Act 1993 that could be applicable to this situation.

The court found that the grant of exploration permits for mineral tenements within the native title areas could indeed be considered a future act under the Native Title Act 1993. The court noted that the applicants and the native title holders had reached an agreement that the acts could proceed, and that such an agreement could form the basis of a consent determination. The court held that the consent determination was in the best interests of the native title holders, as it allowed for the exploration to occur while also providing the native title holders with the opportunity to participate in the process and potentially benefit from any discoveries. The court also found that the consent determination appropriately balanced the rights of the native title holders with the interests of the applicants. As a result, the court granted the consent determination sought by the applicants.

The final orders of the court were that the consent determination was approved, allowing the grant of exploration permits for mineral tenements within the native title areas of the Waanyi and Gangalidda peoples to proceed, subject to the terms and conditions set out in the consent determination.