Raymond Dann & Ors (Amangu People)/Western Australia/Empire Oil Company (WA) Limited

In the case of Raymond Dann & Ors (Amangu People) v Western Australia and Empire Oil Company (WA) Limited, the Federal Court was asked to determine whether the parties had negotiated in good faith regarding a proposed petroleum exploration permit. The dispute centered on the interpretation and application of the Aboriginal Heritage Protocol within the Amangu Native Title Claim. Specifically, the court had to decide whether the grantee party had negotiated in good faith regarding heritage surveys over non-claimable land and whether the government party was obligated to negotiate in good faith over land and waters where there were no registered native title rights and interests.

The court examined the submissions and correspondence between the parties, particularly the position of Empire Oil regarding the Aboriginal Heritage Protocol. The court noted that while there was no challenge to the good faith negotiations of the government party, the question remained whether the grantee party had genuinely attempted to negotiate with a view to obtaining the agreement of the native title holders. The court found that Empire Oil's approach did not reflect a genuine attempt to negotiate in good faith, as it did not adequately address the heritage protection requirements over non-claimable land. The court concluded that the grantee party had not negotiated in good faith over the non-claimable land, leading to a determination that the heritage surveys should proceed as outlined in the Aboriginal Heritage Protocol.

The court's decision highlighted the importance of negotiating in good faith within the context of native title agreements. By focusing on the specific language of the Aboriginal Heritage Protocol and the correspondence between the parties, the court determined that the grantee party had not fulfilled its obligation to negotiate in good faith over non-claimable land. The court's ruling reinforced the need for genuine and meaningful negotiations to ensure the protection of cultural heritage in native title claims.