Judy Hughes on behalf of Thalanyji/Western Australia/Energy Metals Pty Ltd

In the matter of Judy Hughes on behalf of the Thalanyji people, the State of Western Australia, and Energy Metals Pty Ltd, the Federal Court was tasked with determining whether a proposed grant of an exploration licence to Energy Metals would interfere with the native title rights of the Thalanyji people. The dispute arose under the Native Title Act 1993, specifically concerning the application of the expedited procedure for approving future acts. The Thalanyji people sought to object to the proposed exploration licence, arguing that it would likely interfere with their native title rights, while Energy Metals and the State of Western Australia argued that the proposed exploration activities would not significantly impact the carrying out of community or social activities, nor would they cause major disturbance to the land or disturb sites of particular significance.

The court was required to determine whether the proposed exploration activities would constitute an interference with the native title rights of the Thalanyji people, and if the expedited procedure under section 24DA of the Native Title Act 1993 was applicable. The court had to consider whether the proposed activities were likely to interfere with the carrying out of community or social activities, cause major disturbance to the land, or disturb sites of particular significance. Additionally, the court had to determine if the proposed act attracted the expedited procedure under the Act.

The court found that the proposed exploration activities would not likely interfere with the carrying out of community or social activities, nor would they cause major disturbance to the land or disturb sites of particular significance. The court concluded that the proposed act attracted the expedited procedure under the Native Title Act 1993, and therefore, the objection to the proposed exploration licence was not likely to succeed. The court dismissed the objection and found that the proposed exploration activities would not interfere with the native title rights of the Thalanyji people. The Federal Court ordered that the objection application be dismissed and that the proposed exploration licence be granted to Energy Metals Pty Ltd.