Linda Champion and Others on behalf of the Central West Goldfields People; Leonne Velickovic and Others on behalf of the Widji People/New Hampton Goldfields Ltd/Western Australia

In the case of Linda Champion and Others on behalf of the Central West Goldfields People; Leonne Velickovic and Others on behalf of the Widji People against New Hampton Goldfields Ltd, the Federal Court of Australia was tasked with deciding whether the company could proceed with a mining operation on land claimed by native title holders. The claimants argued that the proposed mining would extinguish their native title rights. The dispute arose as the claimant group was divided on whether to consent to the mining leases, with some members supporting the project and others opposing it.

The primary legal issues before the court were whether the consent of all members of the native title group was required to permit the mining and, if not, whether the consent of the majority could suffice. The court had to determine whether the absence of unanimous consent among the native title holders precluded the possibility of a consent determination that would allow the mining to proceed. The court also considered whether the consent of the native title party as a whole, even if not unanimous, was sufficient to facilitate the mining operation.

The court ruled that a consent determination could be made even in the absence of unanimous consent among the native title holders, provided that the consent of the native title party as a whole was obtained. The court held that the native title party as a whole could consent to the mining leases, thereby allowing the proposed act to be done. This decision was based on the understanding that the consent of the native title party as a whole, rather than each individual member, was sufficient to authorise the future act. Consequently, the court found that the native title holders could consent to the mining operation despite the split in their group.

The final orders of the court permitted New Hampton Goldfields Ltd to proceed with the mining operation, based on the consent of the native title party as a whole. The court's decision allowed for the mining leases to be granted, provided that the necessary consents were obtained from the native title holders. This ruling clarified the legal framework for consent determinations in cases where there is a division within the native title group.