Yindjibarndi Aboriginal Corporation/Western Australia/FMG Pilbara Pty Ltd

In this case, the Yindjibarndi Aboriginal Corporation sought to object to the grant of an exploration licence by FMG Pilbara Pty Ltd over native title land. The objection was lodged under the expedited procedure provisions of the Native Title Act 1993 (Cth). The Corporation argued that the proposed exploration activities would directly interfere with their community and social activities, affect sites of particular significance, and cause major disturbance to the land and waters. The matter was heard by the Federal Court of Australia.

The legal issues before the court were whether the proposed exploration activities were likely to directly interfere with the carrying on of the Aboriginal Corporation's community or social activities, interfere with sites of particular significance, or cause major disturbance to the land or waters. The court had to determine if the expedited procedure provisions of the Act applied and if the objection was valid. The court also needed to consider the balance of convenience and whether the proposed activities would have a significant impact on the Aboriginal Corporation's native title rights.

The court found that the proposed exploration activities were likely to interfere directly with the carrying on of the Aboriginal Corporation's community and social activities, as well as affect sites of particular significance. The court held that the expedited procedure provisions of the Act applied, and the objection was valid. The court considered the balance of convenience and found that the proposed activities would have a significant impact on the Aboriginal Corporation's native title rights. Therefore, the court granted an interlocutory injunction restraining the respondents from carrying out the proposed exploration activities.

The final orders of the court were that the respondents were restrained from carrying out the proposed exploration activities until the final determination of the proceedings. The court also ordered that the parties engage in good faith negotiations to reach an agreement on the terms of the exploration activities, if any, that may be permitted. The court reserved jurisdiction to make further orders as necessary.