Leedham Papertalk and Others on behalf of the Mullewa Wadjari Community/Western Australia/Aurox Resources Ltd

The applicants, Leedham Papertalk and others on behalf of the Mullewa Wadjari Community, sought a determination from the Federal Court of Australia regarding the grant of an exploration licence for their native title land. Aurox Resources Ltd, the respondent, held an exploration licence that the applicants sought to challenge on the basis that it was not consistent with their native title rights and interests. The applicants argued that the exploration licence granted to Aurox Resources Ltd was invalid due to the absence of a State Deed and the non-recognition of their native title rights. The court was required to determine whether the exploration licence granted to Aurox Resources Ltd was valid and if the Mullewa Wadjari Community's native title rights were recognised under the Native Title Act 1993 (Cth).

The court considered whether the Mullewa Wadjari Community's native title rights were extinguished or otherwise impaired by the grant of the exploration licence to Aurox Resources Ltd. The court also had to consider whether the Mullewa Wadjari Community's consent to the grant of the exploration licence was valid and if the standard Mullewa Wadjari Exploration and Heritage Agreement entered into by the parties was sufficient to protect the community's native title rights. The court found that the Mullewa Wadjari Community's native title rights were not extinguished by the grant of the exploration licence and that their consent to the grant was valid. The court held that the standard Mullewa Wadjari Exploration and Heritage Agreement was sufficient to protect the community's native title rights and that the exploration licence granted to Aurox Resources Ltd was valid.

The court determined that the Mullewa Wadjari Community's native title rights were not impaired by the grant of the exploration licence to Aurox Resources Ltd. The court found that the Mullewa Wadjari Community's consent to the grant of the exploration licence was valid and that the standard Mullewa Wadjari Exploration and Heritage Agreement was sufficient to protect the community's native title rights. The court also held that the Mullewa Wadjari Community did not require a State Deed to be signed to validate the grant of the exploration licence. The court made a consent determination that the act of granting the exploration licence to Aurox Resources Ltd may be done, subject to the terms of the standard Mullewa Wadjari Exploration and Heritage Agreement.