Gabriel Hazelbane and Ors on behalf of the Warai and Angwinmil Peoples (Do02/45) and Gabriel Hazelbane and Ors on behalf of the Wagiman, Warai and Jawoyn Peoples (Do02/46)/Imperial Granite and Minerals Pty..

Native Title Act 1993 (Cth) - whether government party’s proposal to grant exploration licence is likely to have a substantial adverse effect on native title rights and interests - application to object to proposed grant of exploration licence – whether proposed grant would have a substantial adverse effect on native title rights and interests – application dismissed.

The Warai, Angwinmil, Wagiman and Jawoyn Peoples, represented by Gabriel Hazelbane and others, brought an objection application against Imperial Granite and Minerals Pty Ltd, the government party, to the Federal Court of Australia. The objection was regarding a proposed grant of an exploration licence in the Northern Territory. The applicants sought to object to the grant under the expedited procedure outlined in the Native Title Act 1993 (Cth). The government party applied for the dismissal of the objection application for want of evidence, relying on evidence in another proceeding, DO02/46. The court had to determine if the Tribunal had the power to dismiss DO02/45, the standing of the objectors and the nature of their objections, and the application of section 237 criteria. Additionally, the court considered whether the determination as to the proposed act and the licence area was indivisible.

The court rejected the dismissal application, holding that the Tribunal had the power to dismiss an objection application for want of evidence. The court found that the applicants had standing to bring the objection application, and their objections were valid. The court also held that the proposed grant of an exploration licence was likely to have a substantial adverse effect on the native title rights and interests of the applicants. The court dismissed the government party’s application to dismiss the objection application. The court held that the proposed grant of an exploration licence was likely to have a substantial adverse effect on native title rights and interests, and therefore the objection application should not be dismissed. The court found that the evidence presented in DO02/46 was not sufficient to dismiss the objection application in DO02/45. The court also held that the proposed grant of an exploration licence was likely to have a substantial adverse effect on the native title rights and interests of the applicants.