State of WA v Ward and Others P59/2000

The High Court of Australia, constituted by Hayne J in chambers, considered an application for special leave to appeal in the matter of *State of WA v Ward and Others*. The dispute concerned the interpretation and application of the *Native Title Act 1993* (Cth) and its interaction with the *Mines Regulation Act 1946* (WA) and the *Mining Act 1978* (WA) in relation to certain mining tenements. The State of Western Australia sought to appeal a decision of the Full Court of the Federal Court of Australia.

The primary legal issue before Hayne J was whether the Full Court of the Federal Court had erred in its determination that the grant of certain mining tenements under Western Australian legislation constituted an act that could extinguish native title rights and interests, or whether such grants were subject to the future act regime under the *Native Title Act 1993* (Cth). This involved considering the nature of the rights conferred by the mining tenements and their impact on the pre-existing native title.

Hayne J granted special leave to appeal. His Honour indicated that the appeal would likely focus on the correct characterisation of the mining tenements and the application of the *Native Title Act 1993* (Cth) to them, particularly in light of previous High Court authority. The decision to grant special leave suggests that the Court considered there to be a reasonably arguable case of error in the Full Court's decision, warranting further examination.