Little v Oriole Resources Pty Ltd [2005] FCA 506

FEDERAL COURT OF AUSTRALIA

Little v Oriole Resources Pty Ltd [2005] FCA 506 NATIVE TITLE – appeal from National Native Title Tribunal - expedited procedure – future act – proposed grant of miscellaneous licence – objection application to Tribunal relying on lack of likelihood of major disturbance – whether second limb of s 237(c) of the Native Title Act 1993 (Cth) requires predictive assessment only of rights created without further reference to evidence – whether Tribunal erred in application of first limb of s 237(c) in not concluding right to create a mining camp necessarily involved a major disturbance – whether Tribunal erred in reference which it made to the history of mining and exploration in the general area of the future act – whether Tribunal erred in weight it placed on evidence of concerns of Aboriginal people

Native Title Act 1993 (Cth) s 29, 31, 32, 32(4), 169, 237, 237(c) Native Title Amendment Act 1998 (Cth) (No.97 of 1998) Mining Act 1978 (WA) s 91(3)(b) Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 considered Dann v Western Australia (1997) 74 FCR 391 applied Linda Champion on behalf of the Central West Goldfields People/Western Australia/Vosperton Resources Pty Ltd [2005] NNTTA 1 cited Little v State of Western Australia [2001] FCA 1706 applied Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited Minister for Immigration & Multicultural Affairs, Re; Ex Parte Applicant S20/2002 (2003) 198 ALR 59 cited R v Ministry of Defence; Ex parte Smith [1996] QB 517 cited R v Secretary of State for the Home Department; Ex parte Daly [2001] 2 AC 532 cited R v Secretary of State for the Home Department; Ex parte Simms [2000] 2 AC 115 cited Silver v Northern Territory of Australia (2002) 169 FLR 1 cited Smith on behalf of Gnaala Karla Booja People v State of Western Australia (2001) 108 FCR 442 applied Western Australia v Smith (2000) 163 FLR 32 applied Young v Western Australia (2001) 164 FLR 1 cited ALBERT LITTLE AND OTHERS ON BEHALF OF THE BADIMIA PEOPLE v ORIOLE RESOURCES PTY LTD and STATE OF WESTERN AUSTRALIA AND OTHERS WAD 122 of 2004 NICHOLSON J 29 APRIL 2005 PERTH