Valerie Tambling, Tony Kenyon Luwanbi & Gabriel Hazelbane Gulngarring/NT Gold Pty Ltd & David J Langley/Northern Territory

Valerie Tambling, Tony Kenyon Luwanbi, Gabriel Hazelbane Gulngarring, NT Gold Pty Ltd, and David J Langley brought a case before the Federal Court of Australia against the Commonwealth of Australia, the Minister for Industry, Innovation and Science, and the Minister for the Environment and Energy. The plaintiffs sought an injunction to prevent the grant of an exploration licence over land claimed as native title. The defendants argued that the proposed exploration was unlikely to interfere with the plaintiffs' native title rights and interests. The dispute centred on whether the proposed exploration activities would directly interfere with the plaintiffs' community or social activities or affect areas and sites of particular significance. The court was required to determine whether the proposed grant of an exploration licence constituted an act that would directly interfere with the plaintiffs' native title rights and interests, or if it would interfere with areas and sites of particular significance. Additionally, the court had to consider if the proposed exploration activities would cause a major disturbance to the land or waters and if existing legislation adequately protected the native title rights and interests of the plaintiffs.

The court found that the proposed exploration activities were unlikely to cause a major disturbance to the land or waters, and existing legislation provided sufficient protection to the native title rights and interests of the plaintiffs. The court held that the proposed grant of an exploration licence did not constitute an act that would directly interfere with the plaintiffs' community or social activities or affect areas and sites of particular significance. The court also found that the proposed exploration activities would not interfere with the plaintiffs' native title rights and interests. The court therefore dismissed the plaintiffs' application for an injunction, and no orders were made in favour of the plaintiffs.