Innawonga Bunjima Niapaili People; Eva J Connors on behalf of Eastern Guruma People/Western Australia/Fortescue Resources Pty Ltd

The case involved the Innawonga Bunjima Niapaili People, represented by Eva J Connors, and the Eastern Guruma People, both asserting their native title rights over land in Western Australia. They contested the grant of exploration licences by Fortescue Resources Pty Ltd, seeking a determination that the proposed exploration activities might infringe upon their native title rights. The Federal Court of Australia was tasked with resolving the dispute.

The primary legal issue before the court was whether the exploration activities proposed by Fortescue Resources would constitute a future act that might affect the native title rights of the Innawonga Bunjima Niapaili People and the Eastern Guruma People. The court had to determine if such activities could be conducted without extinguishing or otherwise impairing the native title holders' rights and interests. The court also needed to assess whether there was sufficient evidence to establish the existence and extent of the native title rights in question.

The court found that the proposed exploration activities were likely to affect the native title rights of the Innawonga Bunjima Niapaili People and the Eastern Guruma People. It held that the exploration activities could constitute a future act that might affect native title, and thus required a consent determination. The court considered the evidence presented regarding the native title rights, including the traditional connection of the native title holders to the land, and determined that there was sufficient evidence to establish the existence of native title rights. However, the court also noted that the exploration activities could be conducted in a manner that would not extinguish or otherwise impair the native title rights, provided that certain conditions were met. The court granted a consent determination that the exploration activities may be done, subject to the implementation of measures to mitigate any potential impacts on the native title rights.