Ollan Dimer on behalf of the Ngadju People/ Dorothy Tucker and Thelma Tucker on behalf of the Narnoobinya Family Group/Heron Resources Ltd/Western Australia

The case involves an application by Ollan Dimer on behalf of the Ngadju People, Dorothy Tucker and Thelma Tucker on behalf of the Narnoobinya Family Group, seeking a determination for the grant of exploration licences over their native title area. The respondents to the application are Heron Resources Ltd and the State of Western Australia. The dispute revolves around the legal capacity of the claimants to consent to the grant of exploration licences due to the death of some of the original native title claimants and the inability to execute a State Deed due to logistical difficulties.

The court was required to decide whether the application could proceed in the absence of a valid native title party, given that a section 31(1)(b) agreement had been executed and the remaining native title parties had consented to the exploration. The key issue was whether the logistical difficulties were sufficient to preclude the execution of a State Deed and whether the consent of the native title party as a whole was sufficient to allow for a consent determination under the Native Title Act.

The court found that the logistical difficulties did indeed preclude the execution of a State Deed, as required by section 223(1)(a) of the Act. However, the court also held that the consent of the native title party as a whole, in the form of the executed section 31(1)(b) agreement and the additional consent provided by the remaining parties, was sufficient to allow for a consent determination under section 223(1)(b) of the Act. The court concluded that the application could proceed, and that the determination of the grant of exploration licences could be made in accordance with the consent of the native title party.

The court's final order was that the application be granted, and that the grant of exploration licences over the native title area be determined in accordance with the consent of the native title party. The court also noted that the determination would be subject to the terms and conditions set out in the section 31(1)(b) agreement, as well as any other relevant agreements or arrangements between the parties.