Western Australia/Derrick Smith and Others on behalf of Gnaala Karla Booja, Aden Edes and Others on behalf of Southern Noongar, Alan Bolton and Others on behalf Wagyl Kaip/Red Mountain Energy Pty Ltd, Flamestar..

Derrick Smith and others, on behalf of Gnaala Karla Booja, and others, sought a determination from the Federal Court of Australia regarding a petroleum drilling reservation. The applicants aimed to have the court determine that a specific act, involving the grant of a petroleum drilling reservation, could be done. The respondents, including the State of Western Australia and Red Mountain Energy, opposed the application. The dispute centred on the validity of the proposed act in light of the native title rights and interests of the applicants and the execution of various agreements.

The legal issues before the court included the interpretation of the Native Title Act 1993 (Cth), specifically the provisions concerning future acts and the execution of agreements. The court had to determine whether the applicants had the necessary standing to bring the application and whether the State Deed, which was fully executed by one of the native title parties, was sufficient to allow for the proposed act. Additionally, the court needed to consider the implications of the Standard Heritage Protection Agreement and the consent of the native title parties as a whole.

The court found that the named applicants did not individually sign the agreements in question but that the native title parties as a whole had consented to the determination. The court concluded that the State Deed, despite being executed by only one party, was sufficient to allow for the proposed act. The court also considered the Standard Heritage Protection Agreement and determined that it did not impede the applicants' ability to seek the determination. As the native title parties as a whole consented to the determination, the court ruled that the act could be done.

The court granted the application, determining that the proposed act, involving the grant of a petroleum drilling reservation, could proceed. The court's decision was based on the consent of the native title parties as a whole and the execution of the State Deed. The determination allows for the grant of the petroleum drilling reservation, subject to the terms and conditions set out in the determination.