Leonne Velickovic on behalf of the Widji People/Western Australia/Cazaly Resources Limited

Leonne Velickovic, on behalf of the Widji People, brought a case against Western Australia and Cazaly Resources Limited, regarding a proposed grant of an exploration licence. The dispute centred on whether the proposed grant constituted a future act that would interfere with the native title rights of the Widji People. The case was heard in the Federal Court of Australia. The primary issue for the court was to determine whether the proposed grant of an exploration licence by the State to the mining company would constitute a future act under the Native Title Act 1993, and if so, whether the expedited procedure could be applied. The court had to consider whether the proposed act would directly interfere with the carrying on of the Widji People's community or social activities, interfere with sites of particular significance, or cause major disturbance to the land.

The court examined the nature of the proposed exploration activities, the likelihood of direct interference with the Widji People's activities, and the potential impact on sites of particular significance. The court also considered the potential for major disturbance to the land. The Widji People argued that the proposed exploration activities would significantly impact their native title rights, while the State and the mining company contended that the proposed activities would not substantially interfere with the Widji People's rights or activities. The court concluded that the proposed grant of the exploration licence constituted a future act under the Native Title Act 1993. However, it found that direct interference with the carrying on of community or social activities, interference with sites of particular significance, or major disturbance to the land was unlikely. As a result, the court determined that the act attracted the expedited procedure, and the objection application was dismissed.

The court ordered that the objection application be dismissed and that the matter proceed under the expedited procedure. The court found that the proposed exploration activities were unlikely to cause significant interference with the Widji People's native title rights, activities, or sites of particular significance, or result in major disturbance to the land. This decision allows the State to proceed with the grant of the exploration licence to the mining company, subject to any further legal challenges or negotiations between the parties.