William Webb and Others on behalf of South West Boojarah #2/ERM Gas Pty Ltd/State of Western Australia

This case involved a dispute regarding the grant of a petroleum exploration permit. The applicants were William Webb and others on behalf of South West Boojarah #2/ERM Gas Pty Ltd/State of Western Australia. The case was heard by the National Native Title Tribunal (NNTT). The dispute centered on whether the named applicants could sign a state deed, logistical difficulties in arranging for the South West Boojarah 2 (WC06/4) to execute a State Deed, and whether the native title party as a whole consented to the proposed act being done.

The legal issues before the court were whether the named applicants could sign a state deed and whether logistical difficulties in obtaining the signatures of all persons comprising the native title party applicant warranted a consent determination. The court also had to determine if the native title party, as a whole, had agreed to the grant of the proposed permit and consented to a determination in the terms sought. The court had to decide if it was appropriate to conduct the inquiry and make a determination on the papers without a hearing.

The court found that the negotiating parties had not been able to execute a formal agreement in respect of the future act, but they had finalised the terms of an agreement. The court also found that there were logistical difficulties in arranging for the South West Boojarah 2 (WC06/4) to execute a State Deed. The court held that a native title party is all the persons named as the applicant for a native title determination acting jointly or collectively and not each individually named person. Based on the evidence provided to the Tribunal, the native title party, as a whole, had agreed to the grant of the proposed permit and consented to a determination in the terms sought. Therefore, the court concluded that it was appropriate to conduct the inquiry and make a determination on the papers without a hearing. The determination of the Tribunal was that the act, namely the grant of petroleum exploration permit 11/07-8 EP to ERM Gas Pty Ltd, may be done.