Ike Simpson and Ors on behalf of Wajarri Yamatji/Western Australia/Diana Austin Trigg

The applicants, Ike Simpson and others on behalf of the Wajarri Yamatji, sought a determination from the court to allow the grant of a prospecting licence over land in Western Australia. The land is subject to native title claims by the Wajarri Yamatji. Diana Austin Trigg was also a party to the proceedings, as the holder of the prospecting licence. The dispute centred on whether the prospecting licence could be granted despite the existence of native title, and if the logistical difficulties in executing an ancillary agreement and State Deed would preclude such a grant.

The court had to decide whether the logistical difficulties that prevented the execution of the ancillary agreement and State Deed should allow for a consent determination that the prospecting licence could be granted. Specifically, the court needed to assess the implications of the applicants' consent to the grant of the prospecting licence, and whether this consent, coupled with the inability to execute the ancillary agreement and State Deed, justified a consent determination.

The court found that the logistical difficulties in executing the ancillary agreement and State Deed did not preclude the grant of the prospecting licence. Given the consent of the native title party, the court determined that the prospecting licence could be granted. The court reasoned that the consent of the native title party was a significant factor that justified the consent determination, despite the inability to execute the ancillary agreement and State Deed. The court concluded that the prospecting licence could proceed, subject to the terms of the consent determination.

The court made a consent determination that the act of granting the prospecting licence may be done. The determination was made on the basis of the applicants' consent and the logistical difficulties in executing the ancillary agreement and State Deed. The determination also outlined the terms and conditions under which the prospecting licence would be granted.