IS (Name withheld for cultural reasons) and Others on behalf of Wajarri Yamatji v Terrence Harold Little and Another

The case involved Wajarri Yamatji, represented by IS and others, who sought to challenge a proposed prospecting licence grant by Terrence Harold Little and another party. They applied to the Federal Court of Australia under the expedited procedure outlined in the Native Title Act 1993. The applicants argued that the prospecting activities would substantially interfere with their community and social activities, encroach upon sites of cultural significance, and involve major land and water disturbances.

The legal issues revolved around whether the proposed prospecting licence would substantially interfere with the carrying on of the Wajarri Yamatji's community or social activities, whether it would interfere with sites of particular significance to the applicants, and whether it would involve major disturbances to land or waters. The court had to determine if these factors activated the expedited procedure under the Act, allowing for a quicker resolution of the matter.

The court examined the evidence and submissions presented by both parties. It found that the proposed prospecting activities were likely to substantially interfere with the carrying on of community or social activities and encroach upon sites of particular significance. However, the court concluded that the activities would not involve major disturbances to land or waters. Consequently, the court determined that the expedited procedure was applicable. The court found in favour of the applicants, leading to the quashing of the proposed prospecting licence grant. The matter was remitted back to the relevant authorities for further consideration in light of the court's decision.