Attorney-General v Helicopter-Tjungarrayi (Ngurra Kayanta & Ngurra Kayanta #2) [2018] FCAFC 35

FEDERAL COURT OF AUSTRALIA

Attorney-General v Helicopter-Tjungarrayi (Ngurra Kayanta & Ngurra Kayanta #2) [2018] FCAFC 35 Appeal from: Helicopter Tjungarrayi on behalf of the Ngurra Kayanta People v State of Western Australia (No 2) [2017] FCA 587 Helicopter Tjungarrayi on behalf of the Ngurra Kayanta People v State of Western Australia (No 3) [2017] FCA 938

File number(s): WAD 442 of 2017 WAD 444 of 2017

Judge(s): NORTH, JAGOT AND RANGIAH JJ

Date of judgment: 16 March 2018

Catchwords: NATIVE TITLE – s 47B of the Native Title Act 1993 (Cth) (the NTA) – whether petroleum exploration permits granted under State legislation are "mining leases" – permits held to be mining leases for the purposes of s 47B(1)(b)(i) of the NTA – s 47B excluded from operation – State's appeal allowed NATIVE TITLE – s 47B(1)(b)(ii) of the NTA – whether exploration permits mean part of claim area is covered by a permission or authority under which land is to be used for a particular purpose – consideration of nature and purpose of use and the extent of the land to be used under exploration permits – exploration permits do not satisfy s 47B(1)(b)(ii) – Commonwealth's appeal dismissed

Legislation: Native Title Act 1993 (Cth) ss 47B, 228, 242, 243, 244, 245, 253, 247, 247A, 248, 248A, 249A Mining Act 1978 (WA) ss 46, 63, 85, 113 Petroleum and Geothermal Energy Resources Act 1967 (WA) ss 15, 38, 90, 91B, 95, 97, 117