Cyril Gordon and Others on behalf of Kariyarra/Western Australia/Chalice Gold Mines Ltd

The case of Cyril Gordon and others on behalf of the Kariyarra people against Western Australia and Chalice Gold Mines Ltd was heard by the Federal Court of Australia. The dispute centred on the proposed grant of exploration licences by Chalice Gold Mines Ltd on land claimed by the Kariyarra people under native title. The applicants sought to object to the grant of these licences under the expedited procedure provisions of the Native Title Act 1993. They argued that the proposed exploration activities would interfere directly with their community and social activities, impact sites of particular significance, and cause major disturbance to the land and waters.

The legal issues before the court were whether the proposed exploration licences constituted a future act likely to interfere directly with the carrying on of community or social activities, whether these acts were likely to interfere with sites of particular significance, and whether they were likely to cause major disturbance to the land or waters. The court was required to determine if the expedited procedure was applicable given these potential impacts.

The court held that the proposed activities could indeed interfere directly with the community and social activities of the Kariyarra people, particularly considering the cultural and spiritual significance of the land to them. Additionally, the court found that the exploration activities could interfere with sites of particular significance and potentially cause major disturbance to the land and waters. Given these findings, the court concluded that the expedited procedure was appropriately attracted. Consequently, the applicants' objection was upheld, and the grant of the exploration licences was subject to certain conditions to mitigate the impacts on the native title holders.

The court ordered that Chalice Gold Mines Ltd must negotiate in good faith with the Kariyarra people to address the impacts of the proposed exploration activities. The court also mandated a comprehensive environmental management plan to be developed and implemented, ensuring minimal disturbance to the land and waters and respecting the cultural and spiritual significance of the sites. These orders aimed to balance the rights of the native title holders with the economic interests of the mining company.