Leedham Papertalk and Others on behalf of Mullewa Wadjari v Boadicea Resources Ltd and Another

The case of Leedham Papertalk and Others on behalf of Mullewa Wadjari v Boadicea Resources Ltd and Another was heard by the Federal Court of Australia. The plaintiffs, representing the Mullewa Wadjari people, sought to prevent the defendants from granting an exploration licence over land claimed under native title. The defendants proposed to conduct exploration activities that the plaintiffs argued would interfere with their cultural practices and the integrity of their land and waters.

The legal issues before the court were whether the proposed exploration licence constituted a future act likely to have a significant impact on the native title holders, specifically if it would interfere directly with their community or social activities, interfere with sites of particular significance, or cause major disturbance to the land or waters. The court had to determine if the expedited procedure for objecting to the grant of the licence was applicable under the Native Title Act 1993 (Cth).

The court found that the proposed exploration activities would indeed interfere with the plaintiffs' native title rights and that the expedited procedure for objecting to the grant of the licence was applicable. The exploration activities were likely to directly interfere with the plaintiffs' community and social activities, impact sites of particular significance, and cause major disturbance to the land and waters. The court granted the objection, preventing the defendants from proceeding with the proposed exploration without further negotiation and agreement with the native title holders.

The final orders included a declaration that the proposed grant of the exploration licence would have a significant impact on the plaintiffs' native title rights and an injunction preventing the defendants from proceeding with the exploration activities without fulfilling their obligations under the Native Title Act. The court also directed the parties to engage in further negotiations to reach an agreement that would protect the native title holders' rights and interests.