FMG Pilbara Pty Ltd v Yindjibarndi Aboriginal Corporation RNTBC [2014] FCA 1335

FEDERAL COURT OF AUSTRALIA

FMG Pilbara Pty Ltd v Yindjibarndi Aboriginal Corporation RNTBC [2014] FCA 1335 Citation: FMG Pilbara Pty Ltd v Yindjibarndi Aboriginal Corporation RNTBC [2014] FCA 1335

Appeal from: Yindjibarndi Aboriginal Corporation RNTBC v FMG Pilbara Pty Ltd and Another [2014] NNTTA 14

Parties: FMG PILBARA PTY LTD v YINDJIBARNDI ABORIGINAL CORPORATION RNTBC and STATE OF WESTERN AUSTRALIA STATE OF WESTERN AUSTRALIA v YINDJIBARNDI ABORIGINAL CORPORATION RNTBC (AS TRUSTEE FOR, AND ON BEHALF OF, THE YINDJIBARNDI PEOPLE) and FMG PILBARA PTY LTD

File numbers: WAD 54 of 2014 WAD 55 of 2014

Judge: MCKERRACHER J

Date of judgment: 8 December 2014

Catchwords: NATIVE TITLE – appeal from National Native Title Tribunal – future act – expedited procedure – proposed grant of exploration licences – consideration by Tribunal of risk of interference to sites of particular significance to native title claimants under s 237(b) of the Native Title Act 1993 (Cth) – meaning of 'interference' – whether the meaning of 'interference' in s 237(b) is the same as in s 237(a) – whether interference will ordinarily be physical – content of statutory obligation to give reasons in relation to a finding under s 237 of the Native Title Act 1993 (Cth) – whether Tribunal required to stipulate the precise nature, type and quality of interference likely to occur – whether onus is on the native title claimants to demonstrate how the interference will result – standard of probability – whether a finding that interference 'may occur' is consistent with there being a 'real chance or risk' of interference ADMINISTRATIVE LAW – whether there was sufficient evidence to support the Tribunal's finding that inadvertent interference may occur under s 237(b) of the Native Title Act 1993 (Cth)