Victor Barunga and Others on behalf of the Dambimangari People/Western Australia/FMG Resources Pty Ltd

The applicants, Victor Barunga and others on behalf of the Dambimangari People, sought an injunction to prevent Western Australia from granting five exploration licences to FMG Resources Pty Ltd. The applicants argued that the proposed exploration would interfere with their native title rights and interests. The case was heard in the Federal Court of Australia, which was required to determine whether the proposed grants were future acts that would interfere with the carrying on of community or social activities, interfere with sites of particular significance, or cause major disturbance to the land or waters. The applicants also sought to prevent the grant of the two exploration licences that were to be over Aboriginal Reserve land, arguing that an access agreement was required under the Native Title Act 1993 (Cth).

The court considered the statutory provisions and relevant case law to determine whether the proposed grants constituted future acts. The court found that the proposed exploration was likely to interfere with the carrying on of community or social activities, as it would likely involve the clearing of land, the construction of roads and camps, and the use of heavy machinery. However, the court also found that the proposed exploration was unlikely to interfere with sites of particular significance, as the applicants had not provided sufficient evidence to demonstrate the significance of the sites in question. The court further found that the proposed exploration was unlikely to cause major disturbance to the land or waters, as the exploration would be carried out using environmentally responsible methods.

The court also considered the requirements of the Native Title Act 1993 (Cth) in relation to the two exploration licences over Aboriginal Reserve land. The court found that an access agreement was required under the Act, but that the applicants had not demonstrated that such an agreement could not be negotiated in good faith. The court further found that the proposed exploration was unlikely to interfere directly with the carrying on of community or social activities or cause major disturbance to the land or waters, and that the expedited procedure under the Act was therefore attracted. The court did not find that the expedited procedure was attracted for the three exploration licences not over Aboriginal Reserve land, as the applicants had not demonstrated that those licences would interfere with their native title rights and interests.

The court ultimately dismissed the application, finding that the proposed exploration was unlikely to interfere with the applicants' native title rights and interests. The court did not make any orders in relation to the proposed grants, as it found that the applicants had not demonstrated that an injunction was necessary to protect their rights and interests.