Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 5)

The Federal Court of Australia heard the case of Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 5). The applicants, John Watson and others on behalf of the Nyikina Mangala People, sought the removal of Oil Basins Limited as a party in the native title proceedings. Oil Basins Limited, the holder of a petroleum exploration permit overlapping the Nyikina Mangala claim area, had been previously joined as a respondent and had actively participated in the proceedings, despite being confined to its role as per sections 225(c) and (d) of the Native Title Act 1993 (Cth). The case management had been focused on guiding the parties towards a consent determination on country.

The primary legal issue was whether the Court had the power to remove Oil Basins Limited as a party under section 84(8) of the Native Title Act 1993 (Cth). The Court examined the circumstances in which the power could be exercised and considered various relevant factors. These included the legislative purpose of the Act to encourage resolution by conciliation and negotiation, the significant resources invested in the application, the proximity to a negotiated settlement, and the consequences of delay.

The Court concluded that the power to remove a party under section 84(8) of the Act was broad and not constrained by the specific circumstances outlined in section 84(9). It further noted the importance of facilitating the just determination of proceedings in the most inexpensive and efficient way possible. The Court found that Oil Basins Limited's refusal to consent to the proposed consent determination was unfounded and irrelevant to the application. Therefore, the Court ordered that Oil Basins Limited be removed as a party to the proceeding forthwith.