Delores Cheinmora & Others on behalf of Balanggarra Native Title Claimants/Western Australia/Swancove Enterprises Pty Ltd

Delores Cheinmora and others, on behalf of the Balanggarra Native Title Claimants, brought a proceeding against Western Australia and Swancove Enterprises Pty Ltd regarding the proposed grant of an exploration licence by the state to the latter in the area claimed by the Balanggarra. The case was heard by the Federal Court of Australia, where the claimants sought an expedited objection to the grant of the exploration licence. The core issue before the court was whether the proposed exploration activities by Swancove would interfere directly with the Balanggarra's community or social activities, impact sites of particular significance, or cause major disturbance to the land or waters.

The court had to consider the criteria set out in the Native Title Act 1993 for applying the expedited procedure for objecting to future acts that may affect native title. Specifically, it needed to determine if Swancove's proposed activities were likely to interfere directly with the Balanggarra's community or social activities, affect sites of particular significance, or cause major disturbance to the land or waters. The Balanggarra argued that the exploration activities would negatively impact their native title rights and interests. The defendants, however, contended that the proposed activities would not substantially affect the native title holders' rights and interests. The court carefully examined the evidence and arguments from both sides to ascertain the potential impacts of the proposed exploration activities.

The court found that the proposed exploration activities by Swancove were likely to interfere directly with the Balanggarra's community or social activities, particularly as they involved the use of heavy machinery and the disturbance of land. Additionally, the court determined that these activities could potentially impact sites of particular significance to the Balanggarra, which would infringe on their native title rights and interests. Consequently, the expedited procedure applied, and the court granted the objection to the grant of the exploration licence, pending further assessment and consultation with the Balanggarra. The final orders of the court mandated a halt to the grant of the exploration licence until the parties could reach an agreement that satisfactorily addressed the Balanggarra's concerns regarding their native title rights and interests.