Mr Allan Fisher, Ms Heather Tilberoo, Ms Gracelyn Smallwood, Mr Algon Walsh Jnr, Mr Colin McLennan, Mr David Miller, Mr Frank Fisher, Mr Patrick Walsh and Ors (Birri People)/Queensland/ Kitchener Mining Nl

The applicants, representing the Birri People, sought a declaration that the Native Title Act 1993 (Cth) was an act attracting the provisions of Part 6 of the Act, which includes the expedited procedure. They filed an objection application against the respondent, Kitchener Mining NL, concerning the right to negotiate over the grant of a mining lease. The case was heard in the Federal Court of Australia. The central legal issues involved whether the Native Title Act constituted an act attracting the expedited procedure, the applicability of the right to negotiate, and the procedural steps required for the objection inquiry process. The applicants argued that the Act was an act attracting the expedited procedure, which required a determination of whether it was a future act and whether the prescribed fee was payable. They also contended that the fee should be waived due to their inability to pay. The respondents, Kitchener Mining NL, contested these points, arguing that the Act was not a future act and that the prescribed fee should not be waived.

The court examined the legislative framework and the definition of 'future act' in the Native Title Act. It concluded that the Act was not a future act and, therefore, not an act attracting the expedited procedure. Consequently, the right to negotiate did not apply. The court also considered the applicants' inability to pay the prescribed fee and determined that the fee should be waived. However, the applicants' failure to complete and lodge Form 4 as required by the Act resulted in the non-acceptance of their objection application. The court found that the applicants had not satisfied the necessary procedural requirements, leading to the dismissal of their application. The court's decision was based on the strict compliance with the procedural requirements outlined in the Act and the inapplicability of the expedited procedure to the circumstances of the case.