Kevin Peter Walley and Others on behalf of the Ngoonooru Wadjari People/Western Australia/Allan Neville Brosnan

The case of Kevin Peter Walley and others on behalf of the Ngoonooru Wadjari People against Western Australia and Allan Neville Brosnan involves a dispute over native title rights in relation to a proposed grant of an exploration licence. The matter was heard by the Federal Court of Australia, specifically the Full Court, which was convened to address objections to the expedited procedure for the grant of the exploration licence. The Ngoonooru Wadjari People, represented by Kevin Peter Walley and others, sought to object to the application process for the licence, arguing that the procedure was flawed under the Native Title Act 1993.

The primary legal issue before the court was whether the proposed grant of the exploration licence constituted an act which attracts the expedited procedure under section 24DA of the Native Title Act. The Ngoonooru Wadjari People contended that the application did not comply with the requirements of section 24DA(2) and that the Minister’s decision to proceed with the expedited procedure was flawed. They argued that the Minister had not properly considered the potential impact on native title and that the process did not adequately address their concerns. The court was required to determine whether the Minister's decision was legally sound and whether the expedited procedure was appropriately applied in this context.

The court examined the statutory framework and the procedural steps taken by the Minister in making the decision. It found that the Minister had followed the correct procedure in initiating the expedited process, and that the decision to proceed with the grant of the exploration licence was in accordance with the law. The court held that the Minister had appropriately considered the relevant factors and that the Ngoonooru Wadjari People’s objections were not substantiated. The decision was based on a detailed analysis of the statutory provisions and the procedural fairness afforded to the native title holders. The court dismissed the objection, confirming that the Minister’s decision to proceed with the grant of the exploration licence was lawful.