David Stock and Others on behalf of the Nyiyaparli People; Elsa Derschow and Others on behalf of Palyku/Western Australia/FMG Pilbara Pty Ltd

The applicants sought a determination for the grant of exploration licences over land claimed as native title. The dispute involved the Nyiyaparli and Palyku peoples, and the respondent, FMG Pilbara Pty Ltd. The Federal Court of Australia heard the matter. The applicants sought a determination that the proposed exploration activities would not be future acts that would extinguish native title, despite the named applicants not being signatories to the State Deed. The core legal issue was whether the acts in question could be considered future acts that would extinguish native title, given the consent of the native title parties as a whole.

The court considered whether the consent of the native title parties as a whole was sufficient to override the requirement that the named applicants must sign the State Deed for the determination to proceed. The court found that the absence of named applicants' signatures did not necessarily preclude the determination, provided that the consent of the native title parties as a whole was genuinely obtained and that the acts in question did not extinguish native title. The court emphasised the importance of genuine consent and the protection of native title rights.

The court concluded that the acts could be considered non-extinguishing future acts, given the consent of the native title parties as a whole. The court issued a consent determination that the acts may be done, recognising the importance of protecting native title rights while also allowing for the proposed exploration activities. The determination was made in the context of the applicants' consent and the need to balance their rights with the respondent's interests. The court's decision provided clarity on the application of the native title legislation in this particular context, and the outcome was in line with the principles of protecting native title rights while facilitating development.