Seven Star Investments Group Pty Ltd v Western Australia

Seven Star Investments Group Pty Ltd sought a determination for the grant of an exploration licence from the Federal Court. The applicant opposed the application, arguing that it would affect their rights and interests under the Native Title Act 1993 (Cth). The court was required to decide whether the exploration licence should be granted, considering the criteria outlined in s 39 of the Act.

The court considered the impact of the proposed exploration on the enjoyment of the native title rights and interests of the Wiluna people, the sites of particular significance, and the heritage protection agreement. The court also took into account the prior conduct of the applicant in negotiations and the breakdown in relationships between the native title representative body, the native title party, and the applicant. The court found that there was a real potential for conflict in future dealings, which would affect the traditional responsibilities of the native title party to look after country. The court also noted the non-scientific approach to exploration by the applicant. The court concluded that the grant was not in the public interest and that the act should not be done.

The court made a determination that the act not be done, and the application for the grant of an exploration licence was dismissed.