Cosmos on behalf of the Yaburara & Mardudhunera/Western Australia/Croydon Gold Pty Ltd

The case before the court involved the Yaburara and Mardudhunera native title claimants, represented by Cosmos, and Croydon Gold Pty Ltd, a company seeking to obtain an exploration licence for mining activities. The dispute centred on whether the proposed exploration activities would interfere with the native title holders' rights, particularly their ability to conduct community or social activities, access sites of particular significance, and whether the activities would cause major disturbance to the land or waters. The Federal Court of Australia was tasked with deciding these issues under the Native Title Act 1993.

The court was required to determine whether the proposed exploration licence, if granted, would directly interfere with the native title holders' ability to carry on their community or social activities, interfere with sites of particular significance, or cause major disturbance to the land or waters. The legal issues hinged on the interpretation of the relevant provisions of the Native Title Act and the balance between the rights of the native title holders and the interests of the applicant in pursuing mining activities.

In its judgment, the court examined the evidence and submissions from both parties. The court found that the proposed exploration activities would likely interfere with the native title holders' ability to carry on their community or social activities and potentially disturb sites of particular significance. The court held that the proposed exploration licence was likely to cause major disturbance to the land and waters, thereby triggering the expedited procedure under the Native Title Act. The court concluded that the proposed activities did not meet the criteria for an expedited procedure objection application to be dismissed.

The court ordered that the proposed exploration licence be subject to the expedited procedure, requiring Croydon Gold Pty Ltd to consult with the native title holders and negotiate in good faith to address the potential impacts on their rights. The court also directed that the parties engage in mediation to attempt to resolve their differences and reach a mutually acceptable outcome. The decision underscores the importance of balancing the rights of native title holders with the interests of mining companies and the need for effective consultation and negotiation in the mining industry.