Ike Simpson & Ors on behalf of the Wajarri Yamatji/Western Australia/Peter Andrew Wiltshire

The Federal Court of Australia was asked to consider an objection application under the Native Title Act 1993 (Cth) regarding a proposed grant of an exploration licence by the Department of Mines, Industry Regulation and Safety in Western Australia. The applicants, Ike Simpson and others on behalf of the Wajarri Yamatji, sought to object to the grant of the licence on the basis that it would interfere with their native title rights and interests. The applicants argued that the proposed exploration activities would interfere directly with their carrying on of community or social activities, affect sites of particular significance, and cause major disturbance to the land or waters. The legal issues before the court were whether the proposed act was likely to have these effects and whether the expedited procedure under the Act should apply.

The court considered the evidence presented by the applicants and the Department, including expert reports and site visits. The court found that the proposed exploration activities would not interfere directly with the carrying on of community or social activities, affect sites of particular significance, or cause major disturbance to the land or waters. The court noted that the exploration activities would be limited to a small area and would not impact on the applicants' cultural practices or heritage sites. The court also found that the expedited procedure under the Act was not attracted because the proposed act was not likely to have significant adverse impacts on the applicants' native title rights and interests. The court held that the objection application should be dismissed and that the proposed exploration licence should be granted.

The court dismissed the objection application and ordered that the proposed exploration licence be granted to the Department of Mines, Industry Regulation and Safety. The court noted that the Department had taken steps to consult with the applicants and to minimise the impact of the exploration activities on their native title rights and interests. The court held that the proposed exploration activities were in the public interest and would not have significant adverse impacts on the applicants' native title rights and interests. The court ordered that the applicants be given notice of the grant of the exploration licence and that they be given an opportunity to make representations to the Department regarding the conduct of the exploration activities.