Kevin Allen and Others (Njamal) v Oakover Gold Pty Ltd and Another

The applicants, representing the Njamal native title group, sought a declaration that the respondents' proposal to grant an exploration licence to a third party was likely to substantially interfere with their native title rights. The respondents, Oakover Gold Pty Ltd and another party, argued that the proposed exploration would not substantially interfere with the applicants' native title rights. The case was heard in the Federal Court of Australia. The primary legal issue before the court was whether the proposed grant of the exploration licence was likely to substantially interfere with the applicants' native title rights, including the carrying on of community or social activities, the disturbance of sites of particular significance, and the major disturbance to land or waters.

The court considered the statutory criteria outlined in section 210 of the Native Title Act 1993 (Cth) to determine whether the expedited procedure for objecting to the grant of an exploration licence should be triggered. The court found that the applicants had not provided sufficient evidence to satisfy the threshold for attracting the expedited procedure. The court held that the proposed exploration licence was not likely to substantially interfere with the applicants' native title rights, as the evidence did not demonstrate a likelihood of major disturbance to land or waters or interference with sites of particular significance. The court also found that the proposed exploration would not substantially interfere with the carrying on of community or social activities. Consequently, the court dismissed the applicants' objection to the proposed grant of the exploration licence.

The court did not grant the declaration sought by the applicants and dismissed their objection to the proposed grant of the exploration licence. The applicants were ordered to pay the respondents' costs of the proceeding. The decision underscores the importance of providing sufficient evidence to satisfy the statutory criteria for triggering the expedited procedure for objecting to the grant of an exploration licence under the Native Title Act.