The Miriuwung Gajerrong #1 & #4 (Native Title Prescribed Body Corporate) Aboriginal Corporation/Western Australia/Stansmore Resources Pty Ltd

The case of The Miriuwung Gajerrong #1 & #4 (Native Title Prescribed Body Corporate) Aboriginal Corporation v Western Australia & Stansmore Resources Pty Ltd involved the Miriuwung and Gajerrong people, represented by their prescribed body corporate, objecting to the proposed grant of an exploration licence by the State of Western Australia to Stansmore Resources Pty Ltd. The dispute centred on the potential interference with the native title holders' traditional activities and significant cultural sites within the proposed exploration area. The Federal Court of Australia was tasked with determining whether the proposed exploration activities were likely to interfere directly with the native title holders' community and social activities and whether they were likely to disturb sites of particular significance.

The court had to resolve whether the expedited procedure under the Native Title Act 1993 (Cth) was applicable, given the proposed exploration activities' potential impact on the native title holders' rights. Specifically, the court needed to assess whether the proposed exploration activities were likely to interfere directly with the carrying on of community or social activities and whether they were likely to interfere with sites of particular significance.

The court examined the affidavit of Button Jones, a senior member of the Miriuwung and Gajerrong communities, which detailed the extensive and significant cultural, social, and economic activities conducted by the native title holders within the proposed exploration area. The affidavit highlighted the importance of the area for hunting, fishing, ceremonies, and the presence of numerous sites of cultural and spiritual significance. The court considered the evidence presented and concluded that the proposed exploration activities were likely to interfere directly with the native title holders' community and social activities and were likely to disturb sites of particular significance. Consequently, the expedited procedure under the Native Title Act was attracted.

The Federal Court ordered that the application for an exploration licence be put on hold pending further determination of the native title holders' objections and the resolution of their claims under the Native Title Act. This decision underscores the importance of recognising and protecting the cultural and traditional rights of native title holders when considering applications for activities that may impact their land and heritage.