Evelyn Gilla & Ors on behalf of the Yugunga-Nya People/Western Australia/Luigi Bondini; Alwyn Joan Bondini; Allarrow Pty Ltd

The case involved a dispute between the Yugunga-Nya People, represented by Evelyn Gilla and others, and Western Australia, Luigi Bondini, Alwyn Joan Bondini, and Allarrow Pty Ltd. The Yugunga-Nya People sought to object to the proposed grant of a prospecting licence for minerals over their native title land, arguing that the act of granting the licence would likely interfere directly with their community and social activities, affect sites of particular significance, and cause major disturbance to the land and waters. The case was heard in the Federal Court of Australia.

The court was required to determine whether the proposed grant of the prospecting licence was likely to interfere directly with the carrying on of the Yugunga-Nya People's community or social activities, interfere with sites of particular significance, or cause major disturbance to the land or waters. The court was also required to decide whether the expedited procedure applied under the Native Title Act 1993 was appropriate in this case.

The court held that the proposed grant of the prospecting licence was likely to interfere directly with the carrying on of the Yugunga-Nya People's community and social activities, as well as interfere with sites of particular significance. The court also found that the proposed activities were likely to cause major disturbance to the land and waters. The court further held that the expedited procedure applied under the Native Title Act 1993 was appropriate in this case. Therefore, the objection application was allowed, and the proposed grant of the prospecting licence was stayed pending the outcome of native title negotiations between the parties.

The court ordered that the grant of the prospecting licence be stayed pending the outcome of native title negotiations between the parties. The court also ordered that the parties commence negotiations in good faith to determine whether a native title determination should be made in respect of the land and waters affected by the prospecting licence. The court further ordered that the parties cooperate in good faith to facilitate the negotiations and that any agreement reached be implemented as soon as practicable.