Bunuba People; Gooniyandi People; Kurungal People/Western Australia/Budside Pty Ltd; Pobelo Pty Ltd

The dispute involved the Bunuba People, Gooniyandi People, Kurungal People, Western Australia, Budside Pty Ltd, and Pobelo Pty Ltd. The conflict arose over an application for the grant of a petroleum exploration permit tenement, which necessitated a determination under native title law regarding the execution of a future act. The Federal Court of Australia was tasked with resolving the legal issues presented by this complex scenario.

The central legal issue before the court was whether it should grant a consent determination under section 227 of the Native Title Act 1993, allowing the future act to proceed despite logistical difficulties preventing the execution of a State Deed. The court needed to determine if the native title parties, as a whole, had genuinely consented to the act, and if such consent was sufficient for the determination.

In its reasoning, the court emphasised the importance of the native title parties' consent and their right to be involved in decisions affecting their native title. The court found that the native title parties had, as a whole, consented to the determination, despite the logistical difficulties. The court was satisfied that the consent was genuine and that the parties had been adequately informed of the implications of their consent. Therefore, the court granted the consent determination, allowing the act to proceed as per the application.

The court's final orders included a determination that the future act of granting the petroleum exploration permit tenement could proceed, as the native title parties had consented to it. This determination was made in light of the logistical difficulties that precluded the execution of a State Deed, but the court was satisfied that the consent of the native title parties was genuine and informed.