Pilbara Stone Pty Ltd/Angelina Cox and Ors on behalf of Puutu Kunti Kurrama & Pinikura 2/Western Australia

Pilbara Stone Pty Ltd sought a determination from the Federal Court regarding a mining lease application on land claimed by the Puutu Kunti Kurrama and Pinikura People. The application was made under section 31 of the Native Title Act 1993 (Cth) which deals with future acts affecting native title land. The respondents, Angelina Cox and others, acting on behalf of the Puutu Kunti Kurrama and Pinikura People, opposed the application, arguing that Pilbara Stone had not negotiated in good faith. The court had to determine if it had the jurisdiction to make such a determination and whether Pilbara Stone had indeed negotiated in good faith as required by section 31(2) of the Act.

The primary legal issue before the court was whether it had the power and jurisdiction to make a determination regarding the future act of granting a mining lease. The court also had to interpret the scope of the obligation to negotiate in good faith under section 31(2) of the Native Title Act. It was necessary to determine if Pilbara Stone's actions constituted negotiating in good faith and if there were any specific steps or processes that the company was required to undertake to meet this obligation. The court had to examine the conduct of Pilbara Stone and whether it had engaged with the respondents in a manner consistent with the statutory requirement.

The Federal Court held that it did have the power and jurisdiction to make a determination regarding the future act of granting a mining lease. The court found that Pilbara Stone had negotiated in good faith as required by section 31(2) of the Act. It was determined that the company had made genuine efforts to engage with the respondents and had taken their concerns into account in making the application. The court found that the negotiation process undertaken by Pilbara Stone was sufficient to meet the statutory requirement of negotiating in good faith. The application was therefore granted, and the court determined that Pilbara Stone had the right to proceed with the mining lease.