Western Australia/Judy Hughes & Others on behalf of the Thalanyji People, Ronald Crowe and Others on behalf of Gnulli/Rough Range Oil Pty Ltd

The case involved the state of Western Australia and several claimants representing the Thalanyji people and Gnulli/Rough Range Oil Pty Ltd. The dispute centred around the potential granting of a petroleum exploration permit over land claimed to hold native title. Specifically, the issue was whether the claimants had given their consent to the permit, as required under section 31(1)(b) of the Native Title Act 1993 (Cth). The matter was heard by the Federal Court of Australia.

The central legal issue before the court was whether the State Deed, an agreement between the state and Gnulli native title party, constituted evidence of consent by the Gnulli party to the permit being granted. The Thalanyji party did not submit any contentions or evidence, and the court had to determine whether the absence of opposition from the Thalanyji party could be considered as consent under the circumstances. The court also needed to consider whether the lack of active opposition from the Thalanyji party could be treated as tacit consent.

The court found that the State Deed clearly evidenced the consent of the Gnulli party to the permit being granted. The Thalanyji party did not provide any evidence or arguments to contest the granting of the permit, and the court interpreted this silence as a form of tacit consent. The court concluded that the absence of active opposition from the Thalanyji party could be treated as consent under the circumstances, particularly since the Thalanyji party had the opportunity to oppose the permit but chose not to do so. Consequently, the court determined that the permit could be granted.

The final orders of the court were that the act of granting the petroleum exploration permit may proceed, based on the evidence of consent from the Gnulli party and the tacit consent inferred from the inaction of the Thalanyji party.