Kevin Cosmos and Others on behalf of the Yaburara & Mardudhunera Native Title Claim Group v Croydon Gold Pty Ltd and Another

The case involved the Yaburara and Mardudhunera native title claim group, represented by Kevin Cosmos and others, against Croydon Gold Pty Ltd and another party. The dispute centred on the proposed grant of an exploration licence, with the applicants seeking an expedited procedure objection to prevent the grant of the licence. The matter was heard in the Federal Court of Australia. The applicants argued that the proposed exploration activities would interfere with their native title rights, including their ability to carry out community or social activities, their connection to sites of particular significance, and the potential for major disturbance to the land and waters.

The court was required to determine whether the proposed exploration activities were likely to interfere directly with the carrying on of community or social activities, interfere with sites of particular significance, or involve major disturbance to the land or waters. The applicants had to demonstrate that the proposed act would have a significant adverse impact on their native title rights. The respondents argued that the proposed activities would not have such an impact and that the applicants had not provided sufficient evidence to support their claims.

The court found that the proposed exploration activities were likely to interfere with the carrying on of community or social activities and with sites of particular significance. The court held that the applicants had demonstrated a significant adverse impact on their native title rights. The court also found that the proposed activities were likely to involve major disturbance to the land and waters, attracting the expedited procedure. The court granted the objection to the grant of the exploration licence, preventing the proposed activities from proceeding.

The Federal Court of Australia ordered that the grant of the exploration licence be objected to and that the respondents be restrained from carrying out the proposed exploration activities until such time as the native title rights of the applicants were protected. The court also ordered that the respondents take all necessary steps to mitigate the potential impact of the proposed activities on the native title rights of the applicants.