Evelyn Gilla & Others on behalf of Yugunga-Nya/Western Australia/Blackjack Resources Pty Ltd

Evelyn Gilla, on behalf of Yugunga-Nya/Western Australia/Blackjack Resources Pty Ltd, brought an objection application in the Federal Court against the Minister for Industry, Tourism and Resources. The applicants sought to challenge the Minister's decision to allow the granting of an exploration licence to a third party, asserting that the proposed exploration activities would directly interfere with the carrying on of their native title rights and interests. The applicants argued that the Minister's decision did not attract the expedited procedure as it involved a future act likely to have a direct impact on their community and social activities.

The primary legal issue before the court was whether the Minister's decision to grant the exploration licence constituted a future act likely to directly interfere with the carrying on of the applicants' native title rights and interests. The court was also required to determine if the decision to grant the licence fell within the expedited procedure under the Native Title Act 1993. A further consideration was whether the proposed exploration activities would significantly harm or inconvenience the applicants in the exercise of their native title rights and interests.

In determining these issues, the court found that the proposed exploration activities, if carried out, would indeed have a direct and significant impact on the applicants' native title rights and interests. The court concluded that the Minister's decision to grant the exploration licence did not fall within the expedited procedure because it involved a future act likely to directly interfere with the carrying on of the applicants' community and social activities. Consequently, the court granted the objection application, finding that the Minister's decision was not in accordance with the law. The court also determined that the proposed exploration activities would significantly harm or inconvenience the applicants in the exercise of their native title rights and interests.

The court ordered that the Minister's decision to grant the exploration licence was set aside, and the matter was remitted back to the Minister for reconsideration in light of the court's determination. The court further directed that the Minister must consider the potential impact of the proposed exploration activities on the applicants' native title rights and interests before making a new decision.