FMG Pilbara Pty Ltd v Yindjibarndi Aboriginal Corporation RNTBC

The case involved FMG Pilbara Pty Ltd, a mining company, and the Yindjibarndi Aboriginal Corporation RNTBC, a native title party. The dispute centred on the grant of an exploration licence for a mining project, which FMG sought under the Mining Act 1978 (WA). The Federal Court of Australia was tasked with determining whether the grant of the exploration licence could be made without the consent of the native title party, pursuant to section 39 of the Native Title Act 1993 (Cth). The native title party did not oppose the grant of the licence but did not agree to it either.

The primary legal issue before the court was whether the proposed exploration activities constituted a future act for which consent was required under section 39 of the Native Title Act. If it did, the court had to consider whether the act could be authorised under the statutory criteria, specifically whether it would not substantially harm the native title. The court also had to determine whether the native title party had provided sufficient evidence to rebut the statutory presumption that the act would not substantially harm the native title.

The court found that the proposed exploration activities constituted a future act. However, it concluded that the statutory presumption under section 39(4)(a) of the Native Title Act applied, meaning that the act would not substantially harm the native title unless the native title party provided evidence to the contrary. Since the native title party did not provide any evidence, the court determined that the exploration licence could be granted subject to certain conditions. The court imposed conditions designed to mitigate potential impacts on the native title rights and interests.

The final orders of the court granted the exploration licence to FMG Pilbara Pty Ltd, subject to the conditions specified in the judgment. These conditions were intended to ensure that the exploration activities would not substantially harm the native title rights and interests of the Yindjibarndi Aboriginal Corporation RNTBC. The decision underscored the importance of the statutory presumption in cases where native title parties do not provide evidence to challenge the grant of a future act.