Violet Drury and Others on Behalf of the Nanda People/Western Australia/Giralia Resources N.L

The Nanda People, represented by Violet Drury and others, contested the grant of an exploration licence for the Badgeradda Range tenement, located on pastoral lease lands in Western Australia, by Giraldia Resources N.L. The dispute was heard by the Federal Court of Australia, which was required to determine whether the proposed grant of the exploration licence would interfere with the native title holders' exercise and enjoyment of their native title rights and freedoms. The court was also required to decide whether the expedited procedure under the Native Title Act 1993 (Cth) was applicable to the grant of the exploration licence. The Nanda People argued that the grant of the exploration licence would interfere with their native title rights and freedoms, and that the expedited procedure should not apply because the evidence provided by the State was inadequate to ground an inquiry under s 237(b) of the Act. The State argued that the grant of the exploration licence would not interfere with the Nanda People's native title rights and freedoms and that the expedited procedure applied because the Nanda People had not provided sufficient evidence to ground an inquiry under s 237(b) of the Act.

The Federal Court of Australia found that the Nanda People's evidence, which was unchallenged, was sufficient to ground an inquiry under s 237(b) of the Act. The court found that the Nanda People's evidence demonstrated that the proposed tenement included an area of the Badgeradda Range that was of cultural and spiritual significance to them. The court also found that the Nanda People's evidence was sufficient to establish that the grant of the exploration licence would interfere with their exercise and enjoyment of their native title rights and freedoms. The court held that the grant of the exploration licence did not attract the expedited procedure under the Native Title Act 1993 (Cth) because the Nanda People had provided sufficient evidence to ground an inquiry under s 237(b) of the Act. The court also found that the Nanda People's evidence demonstrated that the grant of the exploration licence would interfere with their exercise and enjoyment of their native title rights and freedoms.

The Federal Court of Australia ordered that the grant of the exploration licence for the Badgeradda Range tenement be set aside. The court held that the Nanda People's native title rights and freedoms would be interfered with by the grant of the exploration licence and that the expedited procedure under the Native Title Act 1993 (Cth) did not apply to the grant of the exploration licence. The court also found that the Nanda People's evidence was sufficient to establish that the grant of the exploration licence would interfere with their exercise and enjoyment of their native title rights and freedoms. The court ordered that the grant of the exploration licence be set aside and that the Nanda People's native title rights and freedoms be protected.