Butcher Wise & Others on behalf of the Kurungal Native Title Claimants; Butcher Cherel & Others on behalf of the Gooniyandi Combined #2 Native Title Claimants/Western Australia/Cullen Exploration Pty Ltd

In the Federal Court of Australia, the case of Butcher Wise & Others on behalf of the Kurungal Native Title Claimants and Butcher Cherel & Others on behalf of the Gooniyandi Combined #2 Native Title Claimants was heard against Western Australia and Cullen Exploration Pty Ltd. The native title claimants sought to object to the proposed grant of an exploration licence by the respondent, Cullen Exploration Pty Ltd, under the authority of the respondent, the State of Western Australia. The claimants argued that the proposed exploration activities would interfere with their native title rights, particularly in relation to community and social activities, significant sites, and potential major disturbance to land and waters.

The central legal issue before the court was whether the proposed exploration activities were likely to interfere directly with the carrying on of community or social activities, interfere with sites of particular significance, or cause major disturbance to land or waters, thus attracting the application of the expedited procedure under the Native Title Act 1993 (Cth). The claimants contended that the exploration activities would impact their native title rights and sought an injunction to prevent the grant of the exploration licence until the merits of the case were determined.

The court examined the evidence presented by the claimants regarding the potential impacts of the exploration activities on their native title rights. The claimants argued that the proposed activities would disturb their traditional practices and cultural sites, and cause significant environmental harm. However, the court found that the claimants had not provided sufficient evidence to demonstrate that the proposed activities were likely to interfere directly with their community or social activities, interfere with sites of particular significance, or cause major disturbance to land or waters. The court concluded that the expedited procedure was not attracted, and the claimants' objection applications were dismissed. As a result, the proposed exploration licence could proceed, subject to compliance with the Native Title Act and any other relevant legislation.