Western Australia v Hayes

The matter involved the State of Western Australia and Hayes, with the dispute centering on the grant of a petroleum production licence. The application sought to determine the impact of the licence on the native title rights of Hayes. The case was heard in the Federal Court of Australia.

The court was tasked with examining the nature of the petroleum production licence and the activities proposed under it. Specifically, the court needed to assess whether the proposed activities would constitute a future act that would impair the native title rights of Hayes. The central issue was whether the current intentions of the grantee party, which did not involve ground disturbance, meant that the potential for future ground disturbance could be disregarded.

The court found that the petroleum industry differed from the mining industry in that the potential for future ground disturbance needed to be considered, even if current activities did not involve it. The court applied the criteria in section 39(1)(a) of the relevant legislation, weighing the importance of the native title rights against the rights of the grantee party. The court concluded that the possibility of future ground disturbance warranted consideration, even if the current activities did not involve it. This led to the determination that the grant of the petroleum production licence would indeed constitute a future act that would impair the native title rights of Hayes.

The court ordered that the grant of the petroleum production licence be subject to conditions that protect the native title rights of Hayes. These conditions included a requirement for the grantee party to consult with Hayes and to assess the impact of any future activities on Hayes' native title rights. The court also ordered that Hayes be provided with compensation for any impairment of their native title rights resulting from the grant of the licence.