Rusa Resources (Australia) Pty Ltd v Sharon Crowe and Others on behalf of Gnulli

The Federal Court heard an appeal from Rusa Resources (Australia) Pty Ltd against Sharon Crowe and others on behalf of Gnulli, relating to a future act application under the Native Title Act 1993 (Cth). Rusa Resources sought a determination that a petroleum exploration permit application (STP-EPA-0110) would not constitute a future act affecting native title rights and interests. The applicants argued that the permit application would not have a significant impact on their native title rights and interests. Sharon Crowe and the Gnulli group contested this, asserting that the exploration activities would adversely affect their native title rights and interests. The court was tasked with determining whether the Tribunal had the jurisdiction and power to proceed with the future act determination inquiry and whether Rusa Resources had negotiated in good faith.

The primary legal issue before the court was whether the Federal Court of Australia had the jurisdiction and power to hear the appeal and whether Rusa Resources had negotiated in good faith with the native title holders. The applicants contended that the Tribunal did not have the power to conduct the future act determination inquiry, while the respondents argued that the inquiry was within the Tribunal's jurisdiction and power. The court was also required to consider whether the exploration permit application would constitute a future act affecting the native title rights and interests of the Gnulli group.

The court held that the Tribunal did not have the power to proceed with the future act determination inquiry because Rusa Resources had not negotiated in good faith with the native title holders. The court found that Rusa Resources had failed to adequately consult and negotiate with the Gnulli group, and as a result, the Tribunal lacked the necessary jurisdiction to conduct the inquiry. The court further held that the exploration permit application did constitute a future act affecting the native title rights and interests of the Gnulli group. Consequently, the appeal was dismissed, and the matter was remitted to the Tribunal for further consideration in light of the court's findings.

The final orders of the court were that the appeal be dismissed, and the matter be remitted to the Tribunal for further consideration, taking into account the findings that the Tribunal did not have the power to proceed with the future act determination inquiry due to the lack of good faith negotiations by Rusa Resources and that the exploration permit application constituted a future act affecting the native title rights and interests of the Gnulli group.