Wilma Freddie and Others on behalf of Wiluna/Galaxy Resources Ltd/Western Australia

The matter involves a dispute concerning the grant of exploration licences for certain tenements. The applicants, Wilma Freddie and others on behalf of Wiluna, sought a determination under the Native Title Act 1993 (Cth) to allow the grantee party to conduct exploration activities on the specified tenements. The named applicants for the native title were not able to sign a state deed as required by section 31(1)(b) of the Act, due to logistical difficulties. However, the native title party, represented by the Ngaanyatjarra Council, consented to the proposed exploration activities. The grantee party and the native title parties had already reached a Regional Standard Heritage Agreement, which the grantee party agreed to abide by.

The primary legal issue before the court was whether the Tribunal had the authority to make a consent determination under section 38 of the Native Title Act, given that the named applicants for the native title could not execute a state deed due to logistical difficulties. The court had to consider the circumstances under which such a consent determination would be appropriate, and whether the parties were legally represented and had provided proper advice regarding their consent.

The court determined that it had the power to make a consent determination under section 38 of the Native Title Act, particularly where the parties were legally represented and had advised the Tribunal of their consent. The court noted that the logistical difficulties in obtaining signatures from the named applicants for the native title were legitimate reasons for seeking a consent determination. The court found that the Ngaanyatjarra Council, as the recognised representative body for the native title party, had been properly instructed by the native title party to consent to the determination. The court also accepted the Regional Standard Heritage Agreement signed by the grantee party as a valid basis for the consent determination.

In light of the consent of all parties and the proper advice provided by the legal representatives, the court made a consent determination that the grant of Exploration Licences E69/1869, E69/1870, and E69/1871 may be done. The court also noted that it would hear the parties to satisfy itself that the consent determination was appropriate, in accordance with previous decisions such as Monkey Mia Dolphin Resort Pty Ltd v Western Australia.