Ward, Ben & Ors v The State of Western Australia & Anor Smith, Clarrie v The State of Western Australia & Ors [1995] FCA 1165

CATCHWORDS NATIVE TITLE ACT 1993 (CTH) - National Native Title Tribunal - future acts - expedited procedure pursuant to s.237 of Native Title Act - proposed grant of Exploration Licences under Mining Act 1978 (W.A.) - prospect of interference with a site of particular significance to persons who are holders of native title - application for stay of effect of determinations of Tribunal pending hearing of appeal - relevant considerations. Mining Act 1978 (W.A.) Native Title Act 1993 (Cth) ss 27, 31, 39, 169, 170, 237; sub-ss 32(4), 170(2) BEN WARD AND OTHERS V. THE STATE OF WESTERN AUSTRALIA AND AUSTRALIAN UNITED GOLD NL WAG6006 OF 1995 CLARRIE SMITH V. THE STATE OF WESTERN AUSTRALIA AND C.R.A. EXPLORATION PTY. LTD. AND B.H.P. EXPLORATION PTY. LTD. WAG6007 OF 1995 LEE J. PERTH 14 DECEMBER 1995

IN THE FEDERAL COURT) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION ) NO. WAG6006 OF 1995 B E T W E E N: BEN WARD AND OTHERS Applicants and THE STATE OF WESTERN AUSTRALIA First Respondent and AUSTRALIAN UNITED GOLD NL Second Respondent IN THE FEDERAL COURT) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION ) NO. WAG6007 OF 1995 B E T W E E N: CLARRIE SMITH Applicant and THE STATE OF WESTERN AUSTRALIA First Respondent and C.R.A. EXPLORATION PTY. LTD. Second Respondent and B.H.P. EXPLORATION PTY. LTD. Third Respondent