Dorothy and Thelma Tucker on behalf of the Narnoobinya Family Group/Western Australia/Comet Resources Ltd

In the matter of Dorothy and Thelma Tucker on behalf of the Narnoobinya Family Group, the applicants sought judicial review of a decision by the State of Western Australia to grant an exploration licence to Comet Resources Ltd. The applicants argued that the proposed exploration activities would interfere with their native title rights and would disturb sites of particular significance to their community. The Federal Court of Australia was tasked with determining whether the State's decision to grant the licence was lawful under the Native Title Act 1993 (Cth).

The court had to decide whether the proposed exploration activities were future acts that attracted the expedited procedure under the Act. The applicants contended that the exploration would directly interfere with their community's carrying on of social and cultural activities, and would disturb sites of particular significance, potentially involving major disturbance. The State of Western Australia argued that the exploration activities would not interfere with the native title rights of the applicants.

The court found that the proposed exploration activities constituted future acts under the Act and therefore attracted the expedited procedure. However, it concluded that the likelihood of the exploration activities directly interfering with the carrying on of community or social activities was not so high as to constitute an interference with native title rights. The court also found that the proposed activities would not involve major disturbance and would not interfere with sites of particular significance. Accordingly, the court dismissed the application for judicial review.

No orders were made as the application was dismissed.