Jax Coal Pty Ltd v Smallwood and Others

Jax Coal Pty Ltd applied to the Federal Court for a determination that it may undertake a future act, being the grant of a mining lease on land over which native title has been determined. The application was opposed by Smallwood and other native title holders. The dispute centred on whether the grant of a mining lease constituted a future act under the Native Title Act 1993, and whether the condition that the applicant compensate the native title holders financially was sufficient to allow the grant of the lease.

The court had to determine whether the grant of a mining lease constituted a future act under the Native Title Act 1993, and if so, whether it could be approved conditionally. The court had to consider the effect of the condition that the applicant compensate the native title holders financially. The court also had to consider whether the inability to execute an agreement with the native title holders was a sufficient impediment to prevent the grant of the mining lease.

The court found that the grant of a mining lease did constitute a future act under the Native Title Act 1993. The court also found that the condition that the applicant compensate the native title holders financially was sufficient to allow the grant of the lease. The court held that the inability to execute an agreement with the native title holders was not a sufficient impediment to prevent the grant of the mining lease. The court found that the act could be done conditionally, and that the condition that the applicant compensate the native title holders financially was sufficient to allow the grant of the lease.

The court ordered that the grant of the mining lease may be done conditionally, subject to the condition that Jax Coal Pty Ltd compensate the native title holders financially. The court further ordered that Jax Coal Pty Ltd must negotiate in good faith with the native title holders to reach an agreement on the terms of compensation. If an agreement cannot be reached, the court will determine the terms of compensation.